SUDERSHAN GUPTA Vs. SHIV KUMAR

JUDGEMENT

(1.) The present petition has been filed by the petitioners for quashing the order dtd. 24/5/2018 passed by the learned Excise Mobile Magistrate, Jammu (hereinafter to be referred as the trial court) in complaint filed by the respondent, titled, "Shiv Kumar vs Smt. Sudershan Gupta and others" under sec. 500 RPC by virtue of which process has been issued against the petitioners and also the criminal proceedings arising out of aforesaid complaint pending before the trial court.

(2.) The petitioners have impugned the aforesaid proceedings on the ground that no offence under sec. 500 RPC is made out and that the impugned order as well as criminal proceedings initiated thereto are required to be closed on the ground that the alleged defamatory statement made in the suit before the court of learned 2nd Additional Sessions Judge, Jammu was made by the husband of petitioner No. 1 and father of petitioner No. 2, namely, Sh. Natha Ram and not by the petitioners as the petitioners had become party after the demise of said Natha Ram and further that the complaint filed by the respondent deserves to be quashed as the same has been filed by the respondent with mala fide.

(3.) Mr. Jamrodh Singh, learned counsel for the petitioner has vehemently argued that the complaint is not maintainable as the alleged defamatory statement was made by the predecessor in interest of the petitioners and the petitioners have simply stepped into his shoes for the purpose of continuing the suit filed by Natha Ram and further that the complaint has been filed with mala fide.