Bombay High Court
Pravin Devidasrao Deshmukh And ... vs Manoj Shripal Jain on 30 November, 2016
Bench: V.K. Jadhav
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909-CRIMINAL APPLICATION NO.1451 OF 2007.odt
THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
CRIMINAL APPLICATION NO. 1451 OF 2007
1. Pravin s/o Devidasrao Deshmukh,
Age : 45 years, Occ: Business,
R/o: Durga Colony,
Opp. J.E.S. College, Jalna.
2. Anant s/o Pandit Sali,
Age: 37 years, Occ.: Service,
R/o: Agrasen Nagar,
Near J.P.C. Colony, Jalna.
ig ... APPLICANTS
(Orig. Accused Nos.1 and 2)
V E R S U S
Manoj s/o Shripal Jain,
Age: 42 years, Occ. Service,
R/o: House No.45, C-Line,
Balaji Nagar, Near Jalna Road,
Aurangabad. ... RESPONDENT
(Orig. Complainant)
...
Mr. Vijay Sharma, Advocate for Applicants.
None for Respondent.
...
CORAM : V. K. JADHAV, J.
DATE : 30th November, 2016.
ORAL JUDGMENT:
. By this criminal application, the Applicants / original
Accused seek to quash and set aside the order of issuance of process
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909-CRIMINAL APPLICATION NO.1451 OF 2007.odt
dated 8th March, 2006, passed by the learned Judicial Magistrate First
Class, Aurangabad in S.C.C. No.1422 of 2006.
2 Brief facts giving rise to the present criminal application
are as follows:
The Respondent / original Complainant filed
aforesaid private complaint against the Applicants and original
Accused No.3 alleging therein that on 1 st March, 2006 at 11:00 hours,
Applicant / Accused No.2 contacted the Complainant on his mobile
phone and thereafter, handed over two letters allegedly addressed by
the Applicant / Accused No.1. It has further alleged in the complaint
that those letters contained defamatory imputation to the effect that
the Complainant is doing the business of money landing. It has also
alleged in the complaint that the said letters contain some false
statements. On the basis of the allegations made in the complaint,
the learned Judicial Magistrate First Class, Aurangabad by impugned
order dated 8th March, 2006 issued the process against the present
Applicants and original Accused No.3 for the offence punishable
under Section 500 read with 34 of the Indian Penal Code. Hence, this
criminal application.
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909-CRIMINAL APPLICATION NO.1451 OF 2007.odt
3 The learned counsel for the Applicants / original Accused
submits that even accepting the contents of those letters as it is, no
case is made out for issuance of the process against the Applicants /
Accused. Those letters do not contain any defamatory statement as
alleged in the complaint. The learned counsel submits that further
those letters were addressed to Respondent / Complainant, and the
Complainant read those letters personally and accordingly filed a
complaint under Section 500 of the Indian Penal Code. The learned
counsel submits that the letters were personally addressed to
Respondent / Complainant and there is no publication as such. It has
only alleged in the complaint that the Complainant read those letters
within the premises of one college i.e. at the public place and
therefore, ingredients of Section 499 stands attracted. The learned
counsel submits that without applying the mind, the learned
Magistrate has issued the process as a routine course.
4 None present for the sole Respondent / original
Complainant.
5 On careful perusal of letter Exhibit - A, it appears that the
letter was addressed to the Respondent / Complainant in his personal
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909-CRIMINAL APPLICATION NO.1451 OF 2007.odt
capacity and there is no publication of any imputation with an intention
to harm the reputation of the Complainant in the eyes of the public at
large. On careful perusal of the said letter, it appears that Applicant
No.1 / original Accused No.1 has brought to the notice of
Respondent / Complainant his grievances and further stated in the
letter that he got annoyed because of his conduct. Even accepting
the allegations made in the complaint as it is, I do not think that case
is made out for issuance of process under Section 500 of the Indian
Penal Code. The learned Magistrate has passed the order without
applying the mind. Hence, I proceed to pass the following order:
O R D E R
I. Criminal Application is hereby allowed in terms of prayer
clause (C).
II. Rule is made absolute in above terms.
III. Criminal application is accordingly disposed of.
[ V. K. JADHAV, J. ]
ndm
