SHYAM LAL Vs. GAYATRI DEVI

JUDGEMENT

(1.) This is an application under Sec. 482 Cr. P. C. filed by Shyam Lal for quashing the Criminal proceedings instituted against him by his wife on a complaint under section 500, I. P. C. It is alleged in the complaint that a notice containing defamatory matter was given to Gayatri Devi by Rajendra Siugh Rajvanshi, Advocate, on behalf of her husband Shyamlal. The wife felt aggrieved by the alleged defamatory allegations and prosecuted her husband in the court of the Judicial Magistrate, Ratangarh for an offence of defamation.

(2.) The only point argued by Mr. M. M. Singhvi, learned counsel for the petitioner is that the publication of the letter containing alleged defamatory matter was made at Bikaner as it was posted from there and so the complainant ought to have filed a complaint for an offence of defamation in the court of the Judicial Magistrate, Bikaner. The above contention has no force in view of the clear provisions contained in section 179 Cr. P. C. which reads as follows:-

(3.) The letter containing alleged defamatory matter, though posted at Bikaner, was addressed to Gayatri Devi at Sujangarh which lies within the Jurisdiction of the Judicial Magistrate, Ratangarh. As the prosecutor received the notice containing the alleged aspersions on her character at Sujangarh, the offence of defamation can be tried in the courts either at Bikaner or at Ratangarh. No other point has been pressed before me. The application under section 482 Cr. P. C. has therefore, no substance and is hereby dismissed. Appeal dismissed.