- (1.)BY this petition under Article 227 of the Constitution of India and under Section 482 of the Criminal Procedure Code, the petitioner has prayed for quashing and setting aside the order dated 21st March, 1999 regarding issue of process by the learned Judicial Magistrate, First Class, Katol in Criminal Case No. 34 of 1998. The relevant facts in brief are as under :
(2.)THE petitioner is the chief of Shiv Sena, a political party and also the Chief Editor of Marathi daily, 'samana' and two other papers. Respondent No. 2 is the original complainant who filed the above mentioned case against the petitioner on 20-3-1998 in the Court of Judicial Magistrate, First Class, Katol for the alleged offences punishable under Sections 500, 504, 505 and 171f and 171g of the Indian Penal Code. Respondent No. 2 claims to be the President of Yuvak Congress Committee, District Nagpur (Rural ). In his complaint, respondent No. 2 has alleged that on 7-2-1998 the petitioner held a public meeting at Katol for the purpose of canvassing the Shiv Sena candidate for the Loksabha election. The said meeting was attended by respondent No. 2 as well as a large gathering of about 20 thousand people. According to respondent No. 2 in the said meeting the petitioner did not speak about the policy of his party or the manifesto of his party nor did he make any political comments but only criticised Smt. Sonia Gandhi, Shri Sitaram Kesari and Shri Sharad Pawar in obscene words. Respondent No. 2 has reproduced in the complaint the utterances alleged to have been made by the petitioner against these persons. So far as Smt. Sonia Gandhi is concerned, the petitioner is alleged to have made the following statements in his speech. : Meaning thereby; "cows are better than this woman, they atleast give milk, but this woman will suck your blood". Meaning thereby; "this ill omened woman will ruin the country. Meaning thereby; "at the time of 1971 war, Rajiv and Soniya were enjoying their honeymoon". she would speak, Meaning thereby; "my husband used to highly respect Mahatma Gandhi". According to respondent No. 2 it is an insult to the whole women class to compare Smt. Sonia Gandhi with a cow and to call her as an ill-omend woman. As regards Shri Sitaram Kesari, the petitioner is alleged to have made the following statements :
The petitioner is further alleged to have made a mimicry of the style of speaking of Smt. Soniya Gandhi and demonstrated as to how Meaning thereby; "kesari says that he will put off his clothes, if Sonia asks him to do so". Meaning thereby; "he sees everything good in this woman. She shakes her hand". underwear (Langot) of Kesari became tight".
The complaint does not state what statements were allegedly made by the petitioner in respect of Shri Sharad Pawar. Respondent No. 2 contended in his complaint that on account of said statements publicly uttered by the petitioner in relation to Smt. Sonia Gandhi and Shri Sitaram Kesari, both these persons as well as all the Congressmen have been defamed. According to the respondent No. 2 the feelings of the Congressmen have been hurt by the petitioner. He also submitted that he himself being a Congressman, he has a right to file a complaint against the petitioner.
(3.)RESPONDENT No. 2 filed this complaint against the petitioner on 20-3-1998. The learned Magistrate after perusing the complaint and documents and after hearing the advocate of the Meaning thereby; "the complainant, directed issue of process against the petitioner-accused for the offences punishable under Sections 500, 504, 505, 171f and G of the Indian Penal Code. It is this order which is sought to be quashed and set aside by the petitioner.