ANIL RAJA Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this petition under Section 482 Cr.P.C., the petitioner prays for setting aside the order dated 23.02.2018, passed in CR Case No.1496c/2018, whereby, learned Judicial Magistrate has taken cognizance of offence under Sections 500/501 IPC against the petitioner, and also for quashing the proceeding in the said complaint case.

(2.) The respondent No.2, as complainant lodged a complaint against the present petitioner under Section 500/501 IPC, alleging that the petitioner with the intention to harm the reputation of the respondent No.2, brought certain defamatory allegations against the respondent No.2 by way of a press release, which was published in the newspaper entitled "Axomia Pratidin" in its issue dated 17.12.2018 and 18.12.2018. On the basis of such complaint, the learned Magistrate took cognizance and issued process against the petitioner. The petitioner stated in the petition that the allegations brought against the petitioner in the complaint were not true and the alleged publication was neither defamatory nor the petitioner had any intention to defame the respondent No.2.

(3.) Mr. KN Choudhury, learned senior counsel for the petitioner and Mr. AM Bora, learned senior counsel for the respondent No.2 as well as learned Addl. PP for the State respondent were heard.