LAWS(MPH)-2006-2-61

DINESH SHARMA Vs. STATE OF M P

Decided On February 07, 2006
DINESH SHARMA Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) THIS revision petition is preferred against order dated 18-1-1999 in Cr. Revision No. 65 of 1998 whereby, quashing order passed in Cr. Case No. 80 of 1997 pending before JMFC, Distt. Shivpuri.

(2.) NON-APPLICANT P. Vijaykumar filed a private complaint against applicant Dr. Dinesh Sharma under Section 500, 166, 167, 186, 189, 192, 193, 197,198,199,504 and 506 of IPC. After preliminary enquiry, learned Trial Court registered private complaint under Sections 166,167,189,199 and 506 of IPC. This private complaint was pertaining to a letter written by applicant to non-applicant which he feels defamatory and has filed private complaint. After service of summons, applicant Dr. Dinesh Sharma appeared before learned trial Court. He filed an application under Section 197 of Cr. P. C. that without sanction for prosecution, Court cannot take cognizance. Learned Trial Court allowed this application and discharged applicant from above said charges.

(3.) AGAINST the order of Trial Court, non-applicant P. Vijaykumar filed a criminal case bearing No. 65 of 1998 and by the impugned order, learned revisional Court allowed revision petition and set-aside Trial Court's order and directed Trial Court to proceed as per law in private complaint. Against the impugned order, this revision petition has been filed.