ABDULLAH SHAH Vs. SYED MOHD SHAH

JUDGEMENT

(1.) THIS is an application under section 581 -A Cr. P. C. for quashing the criminal proceedings initiated by the Munsiff Judicial Magistrate, Sumbal, under Section 500 R. P. C. against !he petitioner, on the complaint filed by Syed Mohmmad Shah.

(2.) THE facts leading to the filing of this application are that Syed Mohammad Shah complainant -respondent, was Surpanch of the Panchayat Committee Nowgam Tehsil Sonawari. A motion for no confidence was adopted by the other members of the Panchayat committee against him and he was removed from his office. In course of adoption of motion allegations touching the integrity and honesty of complainant were made and he was charged with having favoured some of his favourites in the discharge of his duties as Surpanch. This was published in a local newspaper. Thereupon the complainant filed a complaint under section 500 R. P. C. against the accused petitioner and other respondent Nos. 2 to 8, in which he alleged that adoption of the motion and the publication of the same in the newspaper was meant to defame the petitioner and lower him in the estimation of the public. All this was done with the intention of harming the reputation of the petitioner.

(3.) THE trial court of the Munsiff Judicial Magistrate Sumbal took cognizance of the complaint and issued process against the accused.