(1.) The accused in I.C.C. No. 68 of 2000 of the Court of S.D.J.M., Cuttack has filed this application under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'the Code') with the prayer to quash the order of cognizance under Section 500, Indian Penal Code (in short, 'the IPC') as against him vide the impugned order dated 21.9.2000. The complainants are the opposite party members.
(2.) Petitioner is the plaintiff in T.S. No. 84 of 1999 of the Court of Civil Judge (Senior Division), First Court, Cuttack and the complainants/opposite party members are the defendants 1 to 8 in that suit. After service of sumons in that suit, the opposite party members filed the aforesaid complaint alleging that in paragraph 6 of the plaint, plaintiff has made an averment that "the defendant Nos. 1 to 8 are hardened hooligans and have amassed much wealth being involved in illegal drug business." The opposite party members alleged that the said assertion of the petitioner is defamatory and to lower down their prestige in the eye of the public. In the complaint they further alleged that petitioner is also expressing before general public that the opposite party members are indulging themselves in drug business. Accordingly, they prayed to the S.D.J.M. Cuttack to take cognizance of the offence under Section 500, IPC and to punish the petitioner.
(3.) Learned S.D.J.M. conducted an inquiry under Section 202 of the Code. In course of that inquiry three witnesses were examined by the complainant. Upon perusal of such statement and the allegation in the complaint, learned S.D.J.M. being satisfied about existence of a prima facie case for the offence under Section 500, IPC took cognizance of that offence and issued process against the petitioner as per the impugned order dated 21.9.2000.