SRINIBASH RANJAN MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The cognizance order dated 12.6.2015 in P.C.R. Case no.87 of 2014 is under challenge in this revision application. By order dated 12.6.2015, learned Chief Judicial Magistrate, Pakur in P.C.R. Case no.87 of 2014 has taken cognizance of the offence under Section 500/34 of the Indian Penal Code and issued summons against the petitioners.

(2.) A complaint was filed by the complaint -opposite party no.2 stating therein that they belong to respectable family. He further states that Title Suit No.34 of 2012 was registered before the Subordinate Judge, Pakur for pre -emption and acquisition of property by declaring registered sale deed no.3893 of 2011 as null and void, illegal, unlawful, inoperative and not binding on the plaintiffs. It has been stated that in the plaint of the title suit the accused persons have used the words "stealthily" and "cunningly" on repeated occasion to malign the prestige and reputation of Late Basant Kumar Mishra, father of the complainant. Complainant states that these two words are defamatory in nature. He further states that by using the said words in the plaint, the petitioners have committed an offence coming within the definition of Section 499 of the Indian Penal Code and as such, they should be punished for an offence under Sections 500 of the Indian Penal Code.

(3.) After the complaint was filed, inquiry witnesses were examined and thereafter the court below took cognizance of offence under Section 500/34 of the Indian Penal Code and issued summons against the accused persons.