KARTAR SINGH Vs. NIRMALA DEVI

JUDGEMENT

(1.) By this application, the petitioner seeks leave of this Court to appeal against the judgment dated 20.12.2002 passe by the learned Additional Chief Judicial Magistrate Dehra, in a complaint under Section 500 of the Indian Penal Code, whereby the respondents have been acquitted of the accusations under Section 200 of the Indian Penal Code.

(2.) Brief facts giving rise to the filing of the present application are that in the year 1995 the petitioner was working as Senior Assistant in B.B.M.B. It is alleged that on 10.2.1995, the respondents made a complaint against the petitioner to the Chief Minister of Himachal Pradesh containing defamatory imputations against the petitioner and the same, was forwarded to the concerned SHO. On the basis of such complaint proceedings were initiated against the petitioner under Sections 107, 151 of the Code of Criminal Procedure in the Court of Sub-Divisional Magistrate, Dehra, which terminated in dismissal. It is further claimed in the complaint that during the course of the inquiry and trial the reputation of the petitioner was harmed in the eyes of general public and his colleagues as a copy of such complaint was received in his office as well. The learned trial Magistrate after putting the accusations to the accused under Section 500, IPC, examined three witnesses of the complaint who also tendered a document purporting to be the complaint evidence. The respondents in their statements under Section 313, Cr.P.C. denied the prosecution case and did not lead defence evidence. On consideration of the material brought on record, the learned trial Magistrate came to the conclusion that the accusations were not proved and accordingly acquitted them. Hence, this petition by the petitioner.

(3.) I have heard the learned Counsel for the parties and have also gone through the records.