(1.) Dr. Subramaniam Swamy, the petitioner herein seeks the quashing of order dated 18-5-1983 passed by Judicial Magistrate 1st Class, Ranchi in Case No. C-57/83, whereby cognizance of the offence under Section 500 of the Indian Penal Code was taken against the petitioner on the basis of a criminal complaint filed by Shatrughan Agarwal, opposite party No. 2.
(2.) Opposite party No. 2, claiming himself to be the President of Ranchi District Bharatiya Jan Yuva Morcha filed criminal complaint against the Chief Editor, the Assistant Editor, the Publisher of a Hindi journal (Maya) and the petitioner, in respect to an item published in the said journal, relating to an interview given by the petitioner. It is alleged that in the said interview the petitioner branded Sri Atal Bihari Bajpayee as a coward, a police approver, a drunkard and a licentious person. It is further alleged that the utterances in the interview are highly defamatory and as result thereof Sri Bajpayee who is not only a man of great character and integrity but also an acknowledged leader has fallen in the estimation of his friends and supporters. Thus, according to the complainant, the petitioner and other accused concerned with the publication of journal have committed an offence punishable under Section 500 of the Indian Penal Code. Acting on the complaint, the Judicial Magistrate, 1st Class, Ranchi vide the impugned order issued process against the petitioner and the other three accused for the offence under Section 500 of the Indian Penal Code.
(3.) Heard counsel for the petitioner, A. P. P. for the State and perused the records. No one has entered appearance on behalf of the complainant-opposite party No. 2 despite notice.