SHANTA KUMAR Vs. VIRBHADRA SINGH

JUDGEMENT

(1.) The Petitioner, hereinafter referred to as the accused, has directed the present petition under Sections 397, 401 and 482 of the Code of Criminal Procedure, 1973 (for short: the Code) against the order dated 8.12.1997 of the learned Chief Judicial Magistrate, Shimla, whereby his application made under Sections 91 and 94 of the code for seizure and production of the record was dismissed.

(2.) Briefly stated, the facts of the case leading to the present petition are these. On the basis of the complaint filed by the Respondent, hereinafter referred to as the complaint, the accused is facing trial for the offence under Section 500, Indian Penal Code. The complainant has averred that the accused, during the course of his election compaign, when the accused was contesting the election to the Lok Sabha from Kangra constitutency, had made derogatory public statements on different occasions which were published in various newspapers. According to the news item published in Indian Express in its issue dated 25.2.1996, the accused is reported to have stated that the amount of commission paid on raising of loans by the State Government had been deposited in foreign bank accounts of the relatives of certain influential persons of the State. Similarly in the newspaper Jansatta dated 20.4.1996, the accused is reported to have made a statement making direct allegations against the complainant to the effect that in obtaining the loans by the State during the year 1994-95, the complainant was directly involved in taking the "Dalali" of rupees three crores.

(3.) On the basis of the above news items, the complainant is prosecuting the accused for the offence under Section 500, Indian Penal Code. It is averred that the allegations made by the accused are false to his own knowledge and the same have been made with the intention to harm the reputation of the complainant in the eyes of the general public.