Case Note & Summary
The petitioner, Anandt Hiraman Ghatole, filed a criminal writ petition before the Bombay High Court at Nagpur challenging the order dated 25.3.2009 passed by the learned First Judicial Magistrate, First Class, Chandrapur in Complaint Case No. 129/2009, whereby process was issued against him for offences under Sections 500 and 120-B of the Indian Penal Code. The complainant, Sau. Nirmala Dinesh Hazara, alleged that the petitioner, who was her relative by marriage, along with two other accused (who were relatives of the petitioner's wife), hatched a conspiracy to defame her by sending a defamatory letter to her Headmaster. The petitioner contended that the allegations in the complaint did not make out a prima facie case against him, as there was no specific averment that he authored or sent the letter. The High Court examined the complaint and found that the only allegation against the petitioner was that he was on visiting terms at the complainant's maternal house and that his wife's relatives (accused nos. 2 and 3) had sent the letter. There was no material to show that the petitioner was involved in the alleged conspiracy or that he had any role in the defamatory act. The court held that the issuance of process against the petitioner was improper and amounted to an abuse of process of law. Consequently, the court quashed the order issuing process against the petitioner and allowed the petition. The rule was made absolute.
Headnote
A) Criminal Law - Defamation - Section 500 IPC - Issuance of Process - Complaint alleged defamatory letter sent to Headmaster - Court held that allegations against accused no.1 did not disclose essential ingredients of defamation as he was not shown to have authored or sent the letter - Held that issuance of process was improper and liable to be quashed (Paras 3-5). B) Criminal Law - Criminal Conspiracy - Section 120-B IPC - Conspiracy to Defame - Allegations of conspiracy between accused no.1 and others - Court found no material to show that accused no.1 was part of any conspiracy to defame complainant - Held that mere relationship with other accused does not establish conspiracy (Paras 3-5).
Issue of Consideration
Whether the order issuing process against the petitioner for offences under Sections 500 and 120-B of the Indian Penal Code was legally sustainable based on the complaint allegations.
Final Decision
The petition is allowed. The order dated 25.3.2009 passed by the learned First Judicial Magistrate, First Class, Chandrapur in Complaint Case No. 129/2009 is quashed and set aside insofar as it relates to the petitioner. Rule is made absolute.
Law Points
- Defamation
- Criminal conspiracy
- Prima facie case
- Issuance of process
- Section 500 IPC
- Section 120-B IPC
