TRIBIKRAM AND MISRA Vs. SMT. CHANDRAMANI NARAYAN SWAMY

JUDGEMENT

(1.) THIS revision application has been registered under Section 439, Code of Criminal Procedure at the instance of the Court. The Petitioner is in custody in Bhubaneswar sub -jail undergoing trial for an offence under Section 500, Indian Penal Code. The offence is bailable but the Petitioner has chosen not to go on hail. Sometime back he sent a petition from the jail making various allegations against the Court and the complainant. He was on one occasion brought before the Court under my directions and the records of the proceeding were also brought. Thereafter on 22 -12 -1971 this revision Petitioner was registered.

(2.) MR . S.C. Mohapatra appears amicus curiae for the Petitioner. Mr. Kanungo represents the complainant opposite party.

(3.) THE petition of complaint, the initial statement under Section 200, Code of Criminal Procedure and the further deposition given in Court as also the charge framed in the case clearly go to show that the sole basis of the present prosecution is the defamatory material contained in the letters written by the accused. Admittedly these letters were posted at Bhubaneswar and were Bent either to Poona or Quilon. Poona is the place were the complainant's husband serves. Admittedly the complainant's family came from Alleppey in the Kerala State. Some of her relations at Quilon are said to have received the letters in question.