Gajanan Shankar Rahate And Ors vs Prabhakar Raghunath Desai And Anr
2023 Latest Caselaw 9246 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION

             CRIMINAL WRIT PETITION (ST) NO.12774 OF 2023

 Gajanan Shankar Rahate & Ors.                                 ..Petitioners
      Versus
 Prabhakar Raghunath Desai & Anr.                              ..Respondents

                               __________
 Mr. P. G. Sabnis for Petitioners.
 Mr. A. R. Patil, APP for State/Respondent No.2.
                               __________

                               CORAM : SARANG V. KOTWAL, J.
                               DATE : 4 SEPTEMBER 2023
 PC :

 1.            The petitioners have challenged the order dated

 16.09.2022 passed by the Judicial Magistrate, First Class, Guhagar,

 in Criminal M.A.No.116 of 2020 issuing process against them

 U/s.500 r/w. 34 of the I.P.C.


 2.            The Respondent No.1 herein is the original complainant.

 It is his case that all the petitioners have signed a complaint,

 published it and filed it in the office of the Tahsildar, Guhagar

 making allegations against the complainant. According to the

 complainant, it amounted to defamation.




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 3.            Learned counsel for the petitioners submitted that, there

 was a dispute about a road in the land of one Madhukar Rahate

 and others. There were three orders passed by different authorities

 i.e. the Tahsildar, S.D.O. and the Collector. According to the

 Collector's order the complainant's right for constructing the road

 was not accepted. In spite of that, according to the learned counsel

 for the petitioners, the complainant was not complying with the

 Collector's order. Therefore, the petitioners who were the residents

 of that village, in order that the peace was maintained in the

 village, preferred this complaint before the Tahsildar. According to

 the learned counsel, this will not amount to defamation as the

 petitioners are protected by Eighth and Ninth Exceptions to

 Section 499 of the I.P.C. He relied on the Judgment of the Hon'ble

 Supreme Court in the case of Kishore Balkrishna Nand Versus

 State of Maharashtra and another.1


 4.            Considering these submissions, it is necessary to hear the

 other side. Learned counsel for the petitioners has made out a case

 for grant of ad-interim relief till the next date.


 1    2023 SCC OnLine SC 927




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 5.            Hence, the following order:


                                                 ORDER

i) Issue Notice to the Respondents, returnable on 01.12.2023.

ii) Stand over to 01.12.2023.

iii) Till then, there shall be ad-interim relief in terms of prayer clause (b).

(SARANG V. KOTWAL, J.)