Court No. - 78
Case :- CRIMINAL APPEAL No. - 931 of 1986 Appellant :- Ramji Respondent :- State Of U.P. And Anr.
Counsel for Appellant :- R.N. Rai,Shailendra Kumar Rai Counsel for Respondent :- A.K. Singh
Hon'ble Ajit Singh,J.
List has been revised.
None is present on behalf of the appellant though learned A.G.A. is present.
The Court has been informed that notice on the appellant has been served.
This appeal filed under section 378 (4) Cr.P.C. by the complainant against the acquittal order dated 2.9.1983 passed by Special Judicial Magistrate, Ghazipur in Criminal Case No. 704 of 1983 (Ramji vs. Ram Bachan). By the impugned order, the respondent no. 2 was acquitted by the learned Special Judicial Magistrate under section 500 IPC.
Despite notice, none has appeared on behalf of the appellant/complainant to argue the appeal.
It seems that the complainant/appellant has no interest in pursuing this appeal and the matter is pending since 1983. The appeal is being disposed off on merits by taking the assistance of learned A.G.A.
The brief facts leading to the complaint are that the appellant/complainant had filed a complaint case against the respondent no.2/accused Ram Bechan, who is having enmity with the complainant and who had given false application defaming the complainant, to his Senior Officer and it was also mentioned in that application that the complainant/appellant is facing trial in a case under section 420, 467, 468 IPC which is totally baseless and this fact came to be known to the official of the department in which the complainant was working and his reputation was tarnished. That application was given only to tarnish the image of the complainant/appellant.
Learned trial court while acquitting the accused has opined that the respondent no. 2 had given that application against the appellant/complainant in good faith and that has not tarnished the image of the appellant/complainant and the allegations of the complainant are covered under exceptions 8 and 9 of section 500 IPC and the court has further opined that the litigations which have been instituted by the respondent no. 2 against the complainant, they are protected by the exceptions 8 and 9 of section 500 IPC.
After perusal of the record and perusal of the impugned order, this appeal is dismissed for non-prosecution as well as on merits.
Order Date :- 23.9.2021 AU