Heard Mr. K.K. Tiwari for the applicant, Mr. S.M. Ali for the respondent no.2 and the learned AGA for the respondent no.1 and perused the record.
This is a petition for quashing the proceeding of the complaint case no. 624/2004 Vishal Chhabra vs. Bharat Bhushan pending in the court of the Chief Judicial Magistrate, Jhansi.
The applicant is the real uncle of the respondent no.2 and admittedly litigations are going on between them. A case under section 107/116 IPC was also initiated against the applicant and his son. The respondent no.2 is an advocate. It is alleged that the applicant had moved the application dated 25.11.2003 against the respondent no.2 making allegations that the respondent no.2 was harassing him and his family members by lodging false cases. It was also stated that the respondent no.2 used to say that he was an advocate, therefore, the police also could not do any thing against him. The respondent no.2 then filed the impugned complaint in the court of Chief Judicial Magistrate, Jhansi, with the allegations that the application moved by the applicant was defamatory and as such he committed the offence of defamation. It was also stated in the complaint that the applicant, after giving the aforesaid application to the Senior Superintendent of Police, Jhansi spread over the contents of the application in the court premises and made contemptuous allegations against him. The learned Chief Judicial Magistrate recorded the statement of the respondent no.2 under section 200 CrPC and also held an inquiry under section 202 CrPC in which the statements of Ved Prakash and Arif Khan were recorded and on the basis of their statements, held that the offence of section 500 IPC was made out.
The learned counsel for the applicant submitted that if allegations made in the complaint are taken at their face value, the offence under section 500 IPC is not made out and the application moved by the applicant is covered by eighth Exception to section 499 IPC, which reads:
"Eight Exception-It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject-matter of accusation."
It was further submitted that the complaint has been filed only on account of malice and enmity. The allegations made in the application given by the applicant to the Senior Superintendent of Police do not constitute any defamatory statement. The applicant and the respondent no.2 though belong to the same family are on inimical terms and are also litigating with each other, therefore, the complaint allegations are required to be viewed keeping in view this aspect of the matter. According to eighth exception to section 499 IPC, it is not defamation if some accusation against any person is made to any lawful authority in good faith. Moreover, the applicant had made a complaint regarding the conduct of the respondent no.2, therefore, the allegations made in the application do not appear to be defamatory or contemptuous.
In my opinion, the present matter is fully covered by the eighth exception to section 499 IPC, therefore, the complaint proceedings can not be permitted to continue and its continuance would be nothing except an abuse of the process of the court.
Accordingly the petition is allowed. The proceedings in the complaint case no. 624/2004 Vishal Chhabra vs. Bharat Bhushan pending in the court of the Chief Judicial Magistrate, Jhansi. are quashed.
Order Date :- 9.11.2010 RKSh