RAJ DALUJA Vs. SWADESH MITTER BAKSHI

JUDGEMENT

(1.) The instant petition has been filed by the petitioner for quashment of proceedings initiated under Sections 500 and 501 RPC in the Complaint titled "Swadesh Mitter Bakshi v. Raj Daluja" by the learned Court of Judicial Magistrate 1st Class (Electricity), Jammu.

(2.) In the petition, it has been stated that impugned order dated 18th February, 2008 passed by the learned Judicial Magistrate 1st Class (Electricity), Jammu in the aforesaid Complaint, whereby cognizance has been taken against the petitioner under the aforesaid sections is legally and factually incorrect. The learned Magistrate while issuing the process has failed to appreciate the contents of the Complaint inasmuch as the provisions of the Section 500 RPC in right prospective. The order impugned is erroneous and unwarranted in the eye of law, as such deserves to be set aside.

(3.) The respondent while filing the Complaint has alleged the news item published on 08th February, 2008 in the Daily State Times, which relates to one-Parul Bakshi S/o Sh. Sudhir Bakshi, who was involved in a criminal case as per police report has in fact defamed the deceased-Sh. Vishwa Mitter Bakshi, Ex-DIG. Police and the complainant, who claims himself to be the son of deceased-Vishwa Mitter, filed the Complaint for defamation on account of the alleged defamation. In fact, there was not even an iota of averment against the complainant of his family members, but the respondent filed the Complaint by suppressing the fact that Parul Bakshi S/o Sh. Sudhir Bakshi is also closely related to the deceased, who was his cousin grandson and the complaint has been filed by suppressing the facts with ulterior motives. As per settled law, proceedings under the aforesaid Sections of the RPC can be initiated by the person, who has been defamed and not by any other person.