BINOOD BERIA Vs. VISHNU SHARMA

JUDGEMENT

(1.) HEARD Mr. N. Choudhury, learned counsel for the accused-petitioner, and Mr. P. ; Bora, learned counsel for the complainant-opposite party.

(2.) THE petitioner herein lodged a complaint case against the opposite party herein, who is a practicing Advocate and a member of Sibsagar Bar Association, the case of the petitioner being, in brief, as under :

(3.) BY making this application under S. 482, Cr. P. C. , the accused-petitioner has sought to get quashed the order, dated 21-6-2007, whereby process has been directed to be issued against the accused. It is not in dispute before me that the contents of the complaint made by the present petitioner were, if not true, contain such statements, which amount to defamation. What has, however, been contended, on behalf of the petitioner, is that the accusations made by the present accused against the opposite party falls within the eight exception to the offence of defamation as contained in S. 499. The eight exception to S. 499 reads, "eight exception. Accusation preferred in good faith to authorised person.- It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject-matter of accusation. "