ALTAF HUSSAIN MUFTI Vs. JAVED CHOUDHARY

JUDGEMENT

(1.) The petitioner herein is a well-known doctor and acknowledged pediatrician of the Valley, besides being a columnist. He has approached this court for seeking quashment of complaint No. 31 pending in the court of Judicial Magistrate (Special Mobile Magistrate), Srinagar, (for short, the trial court) filed by respondent herein for the offences contemplated under sections 499, 211 RPC, as also the order of cognizance dated 15.10.2018 passed by the trial court.

(2.) Before proceeding to deal with the petition in hand, it would be appropriate to give a brief resume of the case hereunder as emerging from the petition:

(3.) Mr. Z. A. Shah, senior counsel appearing for the petitioner, while reiterating his submissions raised in the petition and grounds urged therein, would contend that in the backdrop of what has been stated in the petition, no offence whatsoever is made out in the complaint against the petitioner and that in essence the article in question falls within the 'Exception-I' and 'Exception-II' appended to section 499 IPC. According to learned counsel, the petitioner has in good faith written the article in question, which was based on the information and write-ups published in the newspapers, with a view to ensure that the post of principal of GMC Srinagar is held by a person being above board, man of integrity and possessed of professional ethics. According to learned counsel, by stating these as norms for purposes of appointment, which undoubtedly are for public good having regard to the nature of appointment, the petitioner under no circumstances can be said to have defamed the complainant respondent herein.