SURENDRA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Under challenge herein is an order/judgment dtd. 9/1/2023, passed by learned Judge, Special Court, Pali, in Criminal Revision Petition No.09/2022 (09/2022), whereby revision petition filed by the petitioner was rejected. He had challenged the order/judgment dtd. 31/1/2022 passed by the passed by learned Judicial Magistrate, Marwar Junction in Case (Private Complaint) No.43/2019, vide which the private complaint filed by the petitioner under Sec. 500 IPC against the respondents was dismissed.

(2.) Briefly, relevant facts of the case are that petitioner, Surendra Kumar, claims that on 12/11/2016, he defeated respondent No.3 in the presidential election. He was elected President of Shree Jain Shwetambar Terapanthi Sabha, Maryada Mahotsav Samiti, Bidasar, District Churu. Following this, the respondents No.2 & 3 got angry and published an advertisement in a Society magazine and aired news on a TV channel stating that the petitioner was no longer a member of the Terapanthi Society. This defamed the petitioner in the society. Consequently, he lodged a complaint against the respondents under Sec. 500 of the IPC. 2.1 After the complaint was filed, several witnesses were examined in court, including Ajeet Kumar Vaid, Harakchand Bafna, Bhopal Singh, Bhanwarlal, Kiranraj, Sureshchandra, Bhupendra Singh, and Surendra Kumar himself (the complainant). After examining the statements of witnesses, the learned Judicial Magistrate at Marwar Junction dismissed the petitioner's complaint on 31/1/2022. Aggrieved, the petitioner filed a revision petition seeking to quash the order, which too did not yield any result, as it was dismissed. Hence, this petition.

(3.) In the aforesaid factual backdrop, I have heard the rival contentions and perused the case file.