DINESH CHANDER SHARMA Vs. HARNAM SINGH

JUDGEMENT

(1.) Challenging the order of dismissal passed by the Court of Sessions, and Judicial Magistrate, Una, the complainant, who is an Advocate in practice, has come up before this Court seeking setting aside of these orders and issuance of directions to the Judicial Magistrate to proceed against the respondent, under Section 204 CrPC, launching his prosecution for criminal defamation punishable under Section 500 of IPC.

(2.) The gist of the facts apposite to decide this petition traces its history to a Criminal Complaint filed by the petitioner in the Court of Chief Judicial Magistrate, Una, HP, under Section 190 (1)(a) of the Code of Criminal Procedure, 1973, after now called CrPC, seeking prosecution of respondent Harnam Singh, for commission of offence punishable under Section 500 of IPC.

(3.) The petitioner filed the said complaint on Sep. 21, 2007, in the Court of Chief Judicial Magistrate, Una, District Una, HP. Vide order dated Jun 7, 2006, passed in Complaint No. 62- 11/06/05, titled Dinesh Chander Sharma v. Harnam Singh, the Magistrate did not find a prima facie evidence for the commission of offence, punishable under Section 500 of IPC, and instead of issuing process under Section 204 CrPC, dismissed the complaint under Section 203 CrPC.