HARBANS SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for the petitioner, learned counsel for the non-petitioner No. 2 and the learned Public Prosecutor.

(2.) This petition under Section 482, Cr.P.C. is directed against the order dated 20th Nov. 96 passed by the learned Civil Judge (Senior Division)-cum-Additional Chief Judicial Magistrate, Raisinghnagar in Criminal Regular Complaint No. 36/96. By the aforesaid order, the learned Additional Chief Judicial Magistrate discharged the accused-non-petitioner No. 2 of the offences punishable under Section 500 and 501, I.P.C.

(3.) The learned lower Court took cognizance of the aforesaid offences and on 14th Feb. 1996 directed the issue of bailable warrants of arrest against the non-petitioner No. 2. On 19th Sept. 1996, the non-petitioner No. 2 appeared before the lower Court and moved two applications; one under Section 197, Cr.P.C. and the other for dropping the proceedings in view of exception 5 to Section 499, I.P.C. The learend Civil Judge (Senior Division)-cum-Additional Chief Judicial Magistrate after hearing the arguments of both the parties, dismissed the application filed under Section 197, Cr.P.C. It was held by him that the accused (non-petitioner No. 2) was not entitled the protection of Section 197, Cr.P.C. the second application was however allowed. The learned Additional Chief Judicial Magistrate after taking into consideration the directionary meaning of the expression "Shatir" came to the conclusion that this word is used as an adjective and is by itself not defamatory and in the facts and circumstances of the case, the learned Additional Chief Judicial Magistrate came to the conclusion that the offences under Sections 500 and 501, I.P.C. were not made out.