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2011 DIGILAW 2184 (RAJ)

Kishan Lal Gaba v. State of Rajasthan

2011-10-13

SANDEEP MEHTA

body2011
JUDGMENT 1. - The present miscellaneous petition has been filed to seek quashing of the proceedings going on against the petitioner in the Court of the Judicial Magistrate No. 3, Bikaner in Criminal Case No. 297/2000 for the offence under Section 500 I.P.C. 2. The petitioner was summoned by the order dated 28.8.1998, against which he filed a revision petition and the same had been dismissed by the learned Additional Sessions Judge No. 2, Bikaner by the order dated 8.2.2006. The aforesaid orders and the proceedings going on against the petitioner have been assailed before this Court by way of present miscellaneous petition. 3. Praying for quashing the proceedings, learned counsel for the petitioner submits that in this case the so-called act of defamation has admittedly taken place at New Delhi and as such the Court at Bikaner has no jurisdiction to try the case. He submits that the alleged defamation letter was issued by the Fruits and Vegetable Exporters Association, Bijak for the purpose of communicating the same to M/s. Sanjay Kumar Raj Kumar at C-98, New Sabji Mandi, Azadpur. He further submits that the aforesaid letter was thereafter allegedly sent to the complainant by one of the partners of the firm M/s. Sanjay Kumar Raj Kumar, but by the said communication, it cannot be said that the petitioner had committed the offence of defamation at Bikaner. He further submits that now the complainant of the matter has expired and as such the complaint for the offence under Section 500 I.P.C. cannot be continued. 4. Learned counsel for the complainant, on the other hand, submits that the letter which was written by the aforesaid Association was communicated to the complainant at Bikaner and as such part of the cause of action has taken place at Bikaner as well and as such the cause of action had very well taken at Bikaner, however he is not in a position to refute the fact that the complainant has expired. 5. I have perused the proceedings. From the undisputed facts on record, it is revealed that the so-called defamatory letter was written at New Delhi and thereafter sent for communication to the firm M/s. Sanjay Kumar Raj Kumar. There was no intention or object of the accused to send the letter for publication at Bikaner. 5. I have perused the proceedings. From the undisputed facts on record, it is revealed that the so-called defamatory letter was written at New Delhi and thereafter sent for communication to the firm M/s. Sanjay Kumar Raj Kumar. There was no intention or object of the accused to send the letter for publication at Bikaner. As such, in the opinion of this Court, the trial of the case in the Court of the learned Judicial Magistrate No. 3, Bikaner is incompetent because the said Court has no territorial jurisdiction to try the case.Accordingly, the miscellaneous petition succeeds and is allowed. The trial against the petitioner in Criminal Case No. 297/2000 pending in the Court of the Judicial Magistrate No. 3, Bikaner for the offence under Section 500 I.P.C. is hereby quashed.Petition allowed. *******