SAMUEL RAJENDRAM MAISA Vs. K KRISHNA RAO

JUDGEMENT

(1.) This Revision is directed against the order passed by the First Additional Judicial First Class Magistrate, Khammam in Crl.M.P. No. 649 of 1996 in C.C. No. 396 of 1995 dated 21-9-1996; whereby the respondent has been discharged of the offence under section 500, IPC.

(2.) The facts giving rise to this revision in brief are that the respondent who was the District Educational Officer-Cum-District Commissioner of Scouts and Guides, Khammam, suspended the wife of the complainant, namely, Smt. Suguna Rajendram from the post of Secretary, District Scouts and Guides Association, Khammam, (vide confidential proceedings in R.C. No. 2081/B5/BSG/93, dated 15-10-1995) in which he had mentioned the following facts at page No. 6. In a petition given by certain Assistant Secretaries and Council members and others, they have narrated certain

(3.) The trying Magistrate recorded the statement of the complainant-petitioner PW 1 as also Motukuri Satyanandam LW 2 and Smt. Satya Ponnamma LW 3 and registered a complaint and summoned the respondent. Before explaining the particulars of offence, the respondent filed Cri.M.P. No. 649 of 1996 alleging that the impugned order had been issued by him during the discharge of his official duty and the Court cannot take cognizance of the offence unless the complainant petitioner obtains sanction from the competent authority to prosecute him; that the complainant is incompetent to lodge the complaint because complainant is not an aggrieved party and that the allegations made are neither defamatory nor published so as to lower down the prestige of the complainant or his wife Smt. Suguna Rajendram.