STATE OF SIKKIM Vs. SANTOSH KUMAR BAREWA

JUDGEMENT

(1.) This Revision Petition has been preferred against the impugned order dated 24-10-2011 in Private Complaint Case No. 1 of 2010, passed by the Learned Sessions Judge, Special Division-I, Sikkim at Gangtok, by which an application under subsection (6) of Section 246 of the Code of Criminal Procedure, 1973, filed on. behalf of the complainant had been rejected.

(2.) It appears that a complaint for defamation under Sections 499/500 r/w Section 34, IPC had been filed by the State of Sikkim against the respondents under Section 199(2) r/w Section 237(1) of the Code of Criminal Procedure, 1973, as the person defamed was the then Governor of Sikkim, Shri V. Rama Rao.

(3.) Shri V. Rama Rao having since demit-ted his office and his evidence being essential for the success of the case of the complainant, the aforesaid application for his examination as a witness was accordingly filed.