ONKAR PRASAD MISHRA Vs. KAMLA BAI

JUDGEMENT

(1.) THE petitioner seeks quashment of proceeding in Criminal Case No. 14/2001, which are pending against this petitioner and others, in the Court of C. J. M. , Umariya, on a complaint filed by respondent and in which cognizance for offence punishable under Section 500 of the IPC is taken.

(2.) AS per certified copy of complaint (Annexure P-1), filed by respondent against this petitioner and 5 others, all the accused persons have defamed the respondent by sending letters to the relatives, containing this false allegation that the respondent has taken one Nandlal Pradhan, Head Constable posted at Indwar, for her husband whereas, the respondent comes in relation as Bhabhi to Nandlal.

(3.) RESPONDENT herself and her witnesses Nandram Gautam and Rajesh Kumar Shukla have supported the aforesaid allegation of defamation in their statements recorded under Section 202 of the Cr. PC which are marked as Annexures P-2 to P-4, and on the basis of this prima facie evidence, the learned CJM has taken cognizance of an offence punishable under Section 500 of the IPC against this petitioner and 5 co-accused by order dated 4-1-2001, marked as Annexure P-5.