This is an application under section 482, CrPC, for quashing the proceedings in CR Case No. 642 of 1985 pending in the Court of the Judicial Magistrate of the First Class, Bongaigaon. 2. Facts leading to this petition, in brief, are as follows : The petitioner wrote a letter on 22,8.85 to the complainant. The letter runs as follows : - "It is notified for general information that Receipt No 753 of Book No 31 amounting to Rs 501.00 as donation issued to Sri AK Paul Choudhury, Vice-Chairman, Bongaigaon Municipality, Bongaigaon is hereby cancelled for non-payment of the said amount." The complainant received the said letter on 23.8.85. On receipt of the letter, the complainant along with Upendra Das and Anil Sarkar went to the petitioner and asked about the matter. The petitioner replied that the complainant had not paid the subscription amount of Rs. 501.00 as written in the receipt book. The case of the complainant is that a copy of the letter was sent to the auditor and copies of the letter were also circulated to other places to lower down his prestige and reputation, and that the complainant felt that he was insulted by the petitioner. Learned Magistrate took cognizance of the offence under sections 500 and 506, IPC, and issued bailable warrant of arrest under his order dated 26.8.85. The petitioner is on bail. Hence this petition for quashing the proceedings. 3. Section 499, IPC, defines 'defamation'. A reading of section 499, IPC, indicates that the section requires the following three essentials : (1) Making or publishing any imputation concerning any person; (2) Such imputation must have been made by words, either spoken or intended to be read, or by signs, or by visible representation ; and (3) Such imputation must have been made with the intention of harming or with knowledge or having reason to believe that it will harm the reputation of the person concerning whom it is made. 4. Imputation means accusation against a person. The ordinary meaning of the word 'accusation' is a mere declaration or statement that another person is guilty of some offence or misconduct. In the present case, even if it is assumed that the statement made in the letter is imputation concerning the complainant, I am of the opinion that one of the essentials, namely intention to harm reputation, is lacking.
In the present case, even if it is assumed that the statement made in the letter is imputation concerning the complainant, I am of the opinion that one of the essentials, namely intention to harm reputation, is lacking. The complainant was examined under section 200, CrPC. The object of examination of the complainant under section 200, CrPC is to test whether the allegations made in the complaint are prima facie true or not. In his statement under section 200, CrPC, the complainant has not stated that the imputation has been made with intention of harming, or with the knowledge or having reason to believe that it will harm the reputation of the complainant. In other words one of the requisite ingredients, namely intention of harming reputation, is lacking in the present case. That apart, the complainant was, at the relevant time, Vice-Chairman of Bongaigaon Municipal Board, that is to say, he filled a public position. Those who fill public position must not have too thin skinned in reference to comments made upon them. It would often happen that observations would be made upon public men which they know from the bottom of their hearts were undeserved and unjust; yet they must bear with them and submit to be misunderstood for a time (see Kartar Singh vs. State of Punjab, AIR 1956 SC 541 ). For the reasons stated, the proceedings are quash able. It may be stated here that in so for as cognizance of the offence under section 506, IPC, is concerned, the learned counsel for the respondent has admitted that there is no material for taking cognizance of that offence. 5. In the result, the proceedings in CR Case No. 642 of 1985 pending in the Court of Judicial Magistrate of the First Class Bongaigaon are hereby quashed, and the petition is disposed of.