ARUN KUMAR Vs. SUDARSHAN KUMAR AND OTHERS

JUDGEMENT

(1.) Prayer in Criminal Miscellaneous Application No. 37384 of 2011 is for condonation of delay of 29 days in filing CRM-A No. 519-MA of 2011. In Criminal Miscellaneous Application bearing No. CRM-A 519-MA of 2011, special leave to appeal has been sought against the judgment of acquittal, dated 9.12.2010, passed by the learned Judicial Magistrate Ist Class, Abohar, wherein the allegations against the respondents were that they committed the offence punishable under Section 500, IPC.

(2.) The brief facts of the present case are that the applicantcomplainant, Arun Kumar, presented a complaint before the learned Sub Divisional Judicial Magistrate, Abohar, alleging that the respondents narrated to the residents of Azimgarh that the applicant-complainant was maintaining illicit relations with Renu. Raj Kumar son of Om Parkash (CW-1) and Raj Kumar son of Bhagwana Ram (CW-2) heard the respondents levelling the allegations against the applicant-complainant. The respondents in connivance with each other, in order to deliberately defame the applicant-complainant, levelled such bald allegations regarding his illicit relations with Renu. Resultantly, the applicant-complainant was defamed and people started doubting his character. It was further alleged that the respondents filed a case, titled as Dr. Sudarshan Kumar and others v. Suresh Kumar and another, before the Civil Court at Abohar, with the averment that the applicantcomplainant had illicit relations with Renu, widow of Roshan Lal, his aunt (widow of the brother of his father). As a result of which, the reputation of the applicant-complainant was lowered in the estimation of the local people. The applicant-complainant served a notice upon the respondents, but they did not respond to the same.

(3.) After preliminary evidence, the respondents-accused were summoned to face trial for the offence punishable under Section 500, IPC. After their appearance, learned Trial Court served them with the notice of accusation, for the offence punishable under Section 500, IPC, to which they pleaded not guilty and claimed trial.