MUZAFFAR AHMAD KHAN Vs. AB GANI BHAT

JUDGEMENT

(1.) PETITIONER has questioned order dated 12 -3 -2004 passed by Judicial Magistrate (2nd Additional Munsiff), Srinagar in the complaint titled Abdul Gani Bhat Vs. Muzaffar Ahmad Khan.

(2.) IT appears that a complaint came to be filed by the respondent against the petitioner on the ground that he had made some remarks/allegations in a letter which came to be addressed by petitioner -accused in his capacity as Director Colleges, Higher Education Department, and the respondent came to know about the said letter, when challan was presented before the Court of Special Judge, Anti -corruption, Srinagar, as alleged. It is further alleged that the accused -petitioner has used such words/sentences which are defamatory. Complainant has also reproduce the relevant portion of that letter in the complaint at page 4. Cognizance came to be drawn and process issued by the City Magistrate vide order dated 1 -10 -2001.

(3.) PETITIONER accused appeared and filed petition under section 561 -A Cr.P.C. in this Court which came to be dismissed vide order dated 22 -7 -2002. There -after petitioner filed an application for dismissing the complaint on the ground that sanction was required in terms of section 197 Cr.P.C. or in the alternative, petitioner was entitled to protection under section 198 -B Cr.P.C. came to be dismissed vide order dated 12 -3 -2004, by 1st Class Judicial Magistrate (2nd Additional Munsiff), Srinagar, feeling aggrieved, the petitioner has filed the present petition for quashment of the said order and for dismissing of the complaint.