Yogendrasinh vs State

Heard learned Advocate Mr. N.V. Anjaria for the petitioner.

It is submitted that no ingredients of Section 499 of the Indian Penal Code are attracted. There is no imputation at all. Basically defamation is a civil wrong and complaint is only supported by deposition of witnesses in favour of the complainant and the complainant himself does not allege any imputation as required under Section 499. Even otherwise,some averments fall under exceptions No.3,6,9 and 10 of the above section and therefore, impugned order dated 04.02.2010 passed by the learned Judicial Magistrate First Class, Nakhatrana, Kachchh at Annexure 'B' requires to be stayed, quashed and set aside.

Considering the above aspect, averments made in the complaint and other attending circumstances, prima-facie even if the complaint is read as a whole, alleged act of the petitioner do not disclose ingredients of Section 499 of Indian Penal Code and therefore, issue NOTICE returnable on 22nd June, 2010. Meanwhile, ad-interim relief in terms of Paragraph 10.(B). Direct Service is permitted.

(Anant S. Dave, J.) Caroline Top