SANKARDAS BANERJEE Vs. NANDA KISHORE AGARWAL

JUDGEMENT

(1.) The facts leading to the issuance of the present rule may be briefly stated as follows:

(2.) The question before us is whether the learned Magistrate was justified in issuing process under Sections 500/ 114 of the Indian Penal Code.

(3.) We have already seen that it has been alleged in the petition of complaint that the Petitioner under instructions of Sm. Maneka Gandhi and Kushwant Singh stated that the case under Sections 292/ 114, Indian Penal Code, was a blackmailing case and the complainant was a blackmailer. It may be that the imputation that the case was a blackmailing case and the complainant was a blackmailer may amount to a defamatory statement coming within the mischief of Section 500, Indian Penal Code. At this state of the proceeding we cannot take into consideration whether in fact the Petitioner made such imputation. The complainant opposite party made the aforesaid allegation and led evidence in support of it. We are therefore, required to see whether the Petitioner as an Advocate of the accused persons Sm. Maneka Gandhi and Kushwant Singh could be said prima facie to have committed an offence under Sections 500/ 114, Indian Penal Code, in making the alleged imputation in the course of his argument and that also as stated in the complaint, was under the instructions of his clients, namely Sm. Maneka Gandhi and Kushwant Singh.