C SAMBASIVA RAJU Vs. S SHIV RAJ REDDY

JUDGEMENT

(1.) In this petition the petitioner seeks the relief of quashing the proceedings in C.C. No. 126 of 1972 on the file of the IV City Magistrate, Hyderabad.

(2.) Having regard to the arguments advanced before me, it is not necessary to state the facts in any great detail. The petitioner is an Executive Engineer, Zilla Parishad. Hyderabad. The 1st respondent is a contractor, P.W.D. (R & B). He belongs to a firm called Constructional Engineers and Builders. The firm to which - the 1st respondent belongs is on the list of approved contractors of the Zilla Pari-shad, Hyderabad. By and under his proceedings dated 9-11-1971. the petitioner had made an order to the following effect:

(3.) A copy of this order was sent to the 1st respondent and to all the concerned authorities in the Zilla Parishad and the Panchayat Rai Department and also the other offices in P.W.D. (R & B) and Electricity Department. The 1st Respondent had complained to the Superintending Engineer, Panchayat Raj, about his black-listing and the Superintending Engineer had on 5-1.1-71 wrote a D, O. letter to the petitioner requesting him to submit a detailed report in the matter. Thereafter on 17-11-1971. the Superintending Engineer issued proceedings wherein he stated that the black-listing of the firm M/s. Allied Industries has been examined and it is found that the Executive Engineer, Zilla Parishad, Hyderabad, was not empowered to black-list any firm or contractors and that as such the orders issued by the Executive Engineer, Zilla Parishad, black-listing the 1st respondent stood cancelled. Thereafter on 23-11-1971 the 1st respondent had issued a legal notice to the petitioner stating that he was defamed and claiming Rs, 5000/- as liquidated damages for the monetary loss and harm to his prestige and reputation, consequent upon his being black-listed. On 6-1-1972, the 1st respondent filed the present complaint. C.C. No. 126 of 1972, charging the petitioner with an offence under Section 499, I.P.C. punishable under Section 500, IPC