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Madhya Pradesh High Court · body

2013 DIGILAW 1069 (MP)

Shaheen Arif v. Iftikhar Mohd. Khan

2013-09-05

A.K.Shrivastava

body2013
ORDER 1. This is an application under section 482 CrPC for quashment of private compliant lodged by the respondent against the applicant and also registration of the case under section 500 IPC. 2. According to the complainant-respondent, in the meeting of the Board of Directors, the words which have been attributed in the minutes have defamed the respondent. Eventually, he filed a private complaint before concerning Judicial Magistrate which has been registered under section 500 IPC. After registration of the case, summons were issued to the applicant and eventually he filed a revision application before the Special Court No.2 to the Court of Additional Sessions Judge, Bhopal and the same has also been dismissed on 15.10.2011 (Annexure P/1). 3. The contention of Shri Imtiaz Hussain, learned counsel for the applicant is that upon own showing by the complainant, no case under section 500 IPC is made out and in this context he has invited my attention to Annexure P/5 which are the minutes of the Extra-ordinary General Body Meeting of the shareholders of members of Koh-e Fiza Hospital and Research (P) Ltd. which was held on 16.12.2007. Learned counsel by inviting my attention to section 499 of the Penal Code wherein the defamation has been defined and putting emphasis on eighth and ninth exception of that provision has submitted that if these two exceptions are tested on the touchstone and anvil of the minutes of the Board, it cannot be said that in any manner the respondent complainant has been defamed. Hence, it has been prayed that by allowing this application under section 482 CrPC the complaint be quashed. 4. On the other hand Shri Usmani, learned counsel for the respondent argued in support of the impugned order passed by the revisional Court and further submitted that looking to the words attributed for the respondent-complainant, prima facie a case under section 500 IPC has been made out and, therefore, in order to take out grains from the chaff enquiry (examining of the witnesses) is necessary and then only it is to be decided whether the applicant has committed the offence under section 500 IPC or not. Learned counsel submits that since the trial is yet to begin, therefore, at the threshold the complaint cannot be quashed. On these premised submissions, it has been prayed that this application under section 482 CrPC be dismissed. 5. Learned counsel submits that since the trial is yet to begin, therefore, at the threshold the complaint cannot be quashed. On these premised submissions, it has been prayed that this application under section 482 CrPC be dismissed. 5. Having heard learned counsel for the parties, I am of the view that this application under section 482 CrPC deserves to be allowed. 6. On bare perusal of Annexure P/4 dated 11.12.2007 which is the circular of the Koh-e-Fiza Hospital & Research (P) Ltd., it is gathered that a meeting was convened on 16.12.2007 at 11.00 a.m. at its Registered Office mentioned in the said annexure. In the said meeting of the Extra-ordinary General Body Meeting of the members of Koh-e- Fiza Hospital & Research (P) Ltd., the agenda was discussed and it would be apt to quote the agenda and the details, which reads thus:- “Agenda :- (1) Interference of one of the Director in Hospital affairs and his uncivilized behaviour with Board Directors. (2)To give authority to the Board to get security measures and other alternations to control his unwanted activities. Details :- It has been found that Dr. I.M. Khan one of the Board Director had resigned from the management team since 30th May, 2006 but has started some unsocial and uncivilized activities in the hospital to bring down the moral of the hospital staff and resulting in low attendance in OPD, there is a sense of insecurity in the hospital due to his behaviour which includes:- 1. Rebuking and abusing the Directors in OPD directly and on phone even at odd hours. 2. Obstructing the parked cars of the Directors and abusing them on the road which may even cause an accident. 3. Making unauthorized entries in the Hospital records. 4. Not explaining properly the financial disparities noted during his time of being Hospital Incharge. All then is brought to the notice of the Shareholders to empower and authorize the Board to: A. Appropriate security measures to stop his unwanted activities and to bar his entry in the premises until asked to attend a meeting. B. Take measures to inform the Police, Court and Secretary of Companies affairs his abnormal behaviour. Please give your consent/note to enable us to make Koh-e-Fiza Hospital to stand on its feet again. Dr. Mrs. B. Take measures to inform the Police, Court and Secretary of Companies affairs his abnormal behaviour. Please give your consent/note to enable us to make Koh-e-Fiza Hospital to stand on its feet again. Dr. Mrs. Shaheen Arif Director Incharge My opinion/note on the Agenda and the measures taken by the Board of Directors on discussed today in the Extra-ordinary General Body Meeting held on 16th day of December, 2007 at 11.00 AM at Regd. Office B-7, BDA Kohefiza, Bhopal is.- (1) Approved – Yes Please tick one. (2) Disapproved -No.” In majority the members answered in ‘Yes’. To me, in the present case if the averments made in the complaint as well as the documents which are filed are tested on the touchstone and anvil of eighth and ninth exceptions since the action has been taken in good faith, no offence is made out because in the meeting of the Board of Directors if some words have been attributed against the respondent, it will not come within the purview of section 499 IPC. 7. On this short ground, this application under section 482 CrPC is hereby allowed and the proceedings of complaint Case No. 2032/2009 pending before J.M.F.C. Bhopal against the applicant stand quashed.