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2016 DIGILAW 111 (ALL)

Shobhan Jaiswal v. State of U. P.

2016-01-08

OM PRAKASH VII

body2016
JUDGMENT Om Prakash-VII, J. The present application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the entire proceedings of criminal case no. 5385 of 2014 (Smt. Seema Jaiswal vs. Smt. Shobhan Jaiswal) under Section 500 IPC, Police Station, Kotwali, District - Ghazipur, pending in the court of Chief Judicial Magistrate, Ghazipur. Further prayer has been made to stay the further proceedings of the aforesaid case. Heard learned counsel for the applicant and the learned AGA appearing for the State. 2. It was submitted by the learned counsel for the applicant that the complaint was barred by exceptions of Section 499 IPC. Allegations levelled against the applicant do not constitute offence of defamation. All the averments made by the applicant were in good faith. The matter, for which the present complaint has been filed, is also pending before the competent court, hence, the complaint cannot go-on. The court concerned illegally summoned the applicant to face the trial by the impugned order. 3. On the other hand, learned AGA has submitted that the matter is under trial but the averments made in the earlier proceeding was intentional to defame the opposite party no.2. A prima-facie case is made out against the applicant, hence the applicant cannot take benefit of exceptions of Section 499 IPC at this stage. The defences taken by the applicant can only be decided after collecting evidence which can appropriately be done before the court below at appropriate stage. The impugned order does not suffer from any illegality or infirmity. 4. I have considered the submissions made by the learned counsel for the parties and gone through the entire record. 5. A perusal of the record shows that the summoning order was passed after recording of evidence under Section 200 CrPC and 202 CrPC. Allegations levelled against the applicant are that the applicant has made defamatory allegations against the opposite party no.2 before the public and also distributed the photocopies of the allegations. As to whether the allegations levelled by the applicant against the opposite party no.2 in another proceeding were in good faith or not can only be decided during trial after collecting evidence which can be done before the court concerned at appropriate stage. As to whether the allegations levelled by the applicant against the opposite party no.2 in another proceeding were in good faith or not can only be decided during trial after collecting evidence which can be done before the court concerned at appropriate stage. The Magistrate dealing with complaint at this stage has to see only prima-facie case and keeping in view the statement recorded under Sections 200 and 202 CrPC, it cannot be said that no prima-facie case is made out against the applicant. 6. In view of the above discussions, the application being devoid of merits is liable to be dismissed and the same is accordingly dismissed.