CHARMESH SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. Petition has been filed by the petitioner under section 482 Cr.P.c. against the order dated 17.3.2011 passed by Additional Sessions Judge No.1 Bundi in Criminal Revision No. 168 of 2010 against the order dated 7.8.2010 of the Chief Judicial Magistrate passed in Complaint No. 249 of 2010 was confirmed and the revision petition was rejected.

(2.) Brief facts of this criminal misc. petition are that a complaint was filed against the respondent No.2 before the Chief Judicial Magistrate Bundi for the offence under sections 500 and 504 IPC. It was stated in the complaint that the non-petitioner No.2 used to defame the great personalities of India. On 5.6.2010 non-petitioner No.2 publicly criticise the Ex- Prime Minister late Hon'ble Shri Jawahar Lal Nehru stating that Shri Jawaharlal Nehru did nothing for children . The said News item was published in the News papers, telecast on TV Channels and also spread on Internet. It has further been stated in the complaint that the late Shri Jawahar Lal Nehru liked children very much and so on he worked for welfare of children. Children used to call him as Chacha Nehru and his birth day has been celebrarted as Children day on November 14 each year. But due to the aforesaid critics by non-petitioner No.2 sentiments of Crores of Indians have been hurt. It was alleged in the complaint that critics caused by non-petitioner No.2 is an offence under sections 500 and 504 IPC. It was prayed in the complaint that cognizance be taken against the non-petitioner No.2. On filing the complaint, report of the office was called for. In the report it was stated that the complaint is beyond jurisdiction of the trial court. The complainant was heard on the complaint and the same was dimissed by the Chief Judicial Magistrate on 7.8.2010. The order dated 7.8.2010 passed by the Chief Judicial Magistrate Bundi was challenged by way of filing revision petition before the Sessions Judge, Bundi, and it was transferred to the Additional Sessions Judge No.1 Bundi. The Additional Sessions Judge No.1 Bundi after hearing the counsel for the petitioner and the Assistant Public Prosecutor appearing for the State of Rajasthan dismissed the revision petition vide order dated 17.3.2011.

(3.) Challenging the order of the Chief Judicial Magistrate Bundi dated 7.8.2010 and the order of the Additional Sessions Judge No.1 Bundi dated 17.3.2011, the petitioner now filed the present criminal misc. petition, before this court.