SHEODENI PATTAK Vs. BUDHESHWAR DUBEY

JUDGEMENT

(1.) THIS is an application against an order of the Sessions Judge of Shahabad declining to interfere with an order of the Subdivisional Magistrate of Buxar refusing to prosecute one Budheshwar Dubey on a charge of defamation. It appears that prior to the present proceedings there was a report by the police with regard to allegations made by Budheshwar Dubey against the present complainant. The Magistrate then observed that Budheshwar's allegations appeared to be in the nature of black-mail but that he would not take criminal proceedings but merely issue a warning to Budheshwar not to commit the offence again. The complainant's allegation is that Budheshwar had persisted in repeating the defamatory allegations of which he complained and should therefore be prosecuted.

(2.) AMONG other reasons for not prosecuting Budheshwar the Magistrate has stated that it is possible that Budheshwar will be able to shelter himself behind two of the explanations to Section 499, I.P.C. Whether he will be successful in that is immaterial. In the present case all that the Magistrate should have directed his attention to was to ascertain whether there was any reason for disbelieving the complaint which was made on oath and not whether there was some possibility that the petitioner might have some defence to the complaint if true. I will therefore set aside the order of the Subdivisional Magistrate dismissing the complaint and direct him to summon the accused person and to proceed with the trial.