DR. SHAHEEN ARIF Vs. IFTIKHAR MOHD. KHAN

JUDGEMENT

(1.) THIS is an application under Section 482 Cr.P.C. for quashment of private compliant lodged by the respondent against the applicant and also registration of the case under Section 500 IPC.

(2.) ACCORDING to the complainant -respondent, in the meeting of the Board of Directors, the words which have been attributed in the minutes have defamed the respondent. Eventually, he filed a private complaint before concerning Judicial Magistrate which has been registered under Section 500 IPC. After registration of the case, summons were issued to the applicant and eventually he filed a revision application before the Special Court No.2 to the Court of Additional Sessions Judge, Bhopal and the same has also been dismissed on 15.10.2011 (Annexure P/1).

(3.) ON the other hand Shri Usmani, learned counsel for the respondent argued in support of the impugned order passed by the revisional Court and further submitted that looking to the words attributed for the respondent -complainant, prima facie a case under Section 500 IPC has been made out and, therefore, in order to take out grains from the chaff enquiry (examining of the witnesses) is necessary and then only it is to be decided whether the applicant has committed the offence under Section 500 IPC or not. Learned counsel submits that since the trial is yet to begin, therefore, at the threshold the complaint cannot be quashed. On these premised submissions, it has been prayed that this application under Section 482 Cr.P.C. be dismissed.