MAHANAND RANGHDALE Vs. KIRAN

JUDGEMENT

(1.) The present revision was filed by the applicant Mahanand Ranghdale, an Advocate from Seoni, for-quashing the defamation proceedings launched against him under section 500 of the Indian Penal Code alongwith non-applicant No.2 Smt. Lumeshwaribai wife of Murat Singh Bisen. The non-applicant No.1 Ku. Kiran alias Tiran had filed a complaint against the non- applicant No.2 Smt. Lumeshwaribai and her Advocate Mahanand Ranghdale, who is the applicant in this case, under section 500 of the Indian Penal Code on the ground that in application under section 125 of the Code of Criminal Procedure filed by the non-applicant No. 2 Smt. Lumeshwaribai and her minor sons against her husband Murat Singh for maintenance, in Para 9, it was mentioned that the said Murat Singh without the consent of the applicant i.e. Smt. Lumeshwaribai (nonapplicant No. 2) had taken Ku. Kiran alias Tiran daughter of Tek Singh as his second wife and was living with her and also performing conjugal rights with the second wife. The said Kiranalias Tiran is the non-applicant No. 1 in this case. After taking the statements of the witnesses under sections 200 and 202, Cr. P. C. the trial magistrate registered the case against the non-applicant No. 2 Smt. Lumeshwaribai and her counsel i.e. the present applicant Mahanand Ranghdale advocate and had issued process against them.

(2.) The present applicant Advocate Mahanand Ranghdale filed the present criminal revision under section 397/401 read with section 482, Cr. P.C. with a prayer to quash the whole proceedings against him.

(3.) The revision petition was admitted and, notices were issued to the non-applicants. It was allowed by Honble Shri Justice B.M. Lal of this High Court on 20.9.1990, who is now transferred to Allahabad High Court. But the non-applicant No. 1 Ku. Kiran alias Tiran filed an application for rehearing of the revision petition on the ground that on the date the case was fixed, the name of the counsel for the non-applicant No. 1 did not appear in the cause list and he was not able to address the Court. The Court has, therefore, ordered rehearing of the revision petition. The applicant Mahanand Ranghdale Advocate is represented by Shri S.L. Kochar and the non-applicant No. 1 Ku. Kiran alias Tiran, who is the aggrieved party, is represented by Shri H.B. Agarwal Advocate. None appears for the non-applicant No. 2 Smt. Lumeshwaribai.