MAHESH KUMAR NIGAM Vs. RAGHUNATH SINGH

JUDGEMENT

(1.) THE accused -applicant has directed this petition under section 482 of the Code ofCriminal Procedure (for short 'the Code') for quashing of the Criminal Case No. 234 of 1998 pending against the applicant in the Court of Judicial Magistrate, First Class, Alote registered on the complaint filed by the Non -applicant Rughnathsingh under section 500 of the Indian Penal Code.

(2.) BRIEFLY stated, the facts of the case are that the applicant filed · a Civil Suit No.74A/95 against the Non -applicant and one Manaklal in the Court of Civil Judge, Class II, Alote for the reliefs of permanent injunction restraining the defendants from illegally entering in the premises of the plaintiff's society and illegally recovering donations in the name of the society and interfering with the activities of society - - Swar Sadhna Mandir, a registered society at Alote. It is stated that in the said civil suit, the applicant acting as President of the said society, in para 8 made certain defamatory imputations against the Non -applicant as indicated below : ...[VERNACULAR TEXT OMITTED]...

(3.) I have heard Shri R.C. Bhatnagar, learned counsel for the applicant and Shri Wajid M. Khan, learned counsel for the Non -applicant.