R.N.Misra, J. - (1.)THIS revision application has been registered under Section 439, Code of Criminal Procedure at the instance of the Court. The Petitioner is in custody in Bhubaneswar sub -jail undergoing trial for an offence under Section 500, Indian Penal Code. The offence is bailable but the Petitioner has chosen not to go on hail. Sometime back he sent a petition from the jail making various allegations against the Court and the complainant. He was on one occasion brought before the Court under my directions and the records of the proceeding were also brought. Thereafter on 22 -12 -1971 this revision Petitioner was registered.
(2.)MR . S.C. Mohapatra appears amicus curiae for the Petitioner. Mr. Kanungo represents the complainant opposite party.
The opposite party is a member of the Indian Administrative Service and at present happens to be the District Magistrate and the Collector of Kalahandi. Previously she was at Bhubaneswar as Deputy Secretary, Community Development and Panchayat Raj Department of the State Government. She filed a petition of complaint in the Court of the S.D.M. (Judicial) Bhubaneswar on 1 -4 -1970. Some portions of the petition of complaint may be extracted: -

7. (f) That the accused is an unemployed youngman and has, as it appears, no high qualification barring a short span alii an Assistant in the Secretariat which job he lost soon after his appointment, he has absolutely no means of subsistence. His antecedents are very mischievous by nature and has taken up commission of various crimes as his sole occupation to make a living.

(g) That since August 1967 he was trying to intrude himself upon the privacy of the complainant and haunting the premises of her official residence at Bhubaneswar and speeding false and scandalous rumors about her. Taking advantage of the absence of any male members in the residence of the complainant (she being a lady) the accused committed trespass into her official residence in August and November 1967 and in November 1967 he was detected in the act of committing the said offence and F.I.R. was lodged in Capital Police Station. The complainant was transferred subsequently to Ganjam as Additional District Magistrate and was stationed at Chatrapur. The accused who is it resident of that district committed again trespass into her residence there, was prosecuted and was convicted after the trial and was sentenced to imprisonment. He went in appeal against the order of his conviction and unfortunately the then Additional District and Sessions Judges Ganjam allowed his appeal. The prosecution has thus challenged the order of acquittal in the Honourable High Court, Orissa and the appeal against acquittal has been admitted.

These were stated by way of history and with reference to the main allegation for .the case it was stated,

(j) That he has sent letters (copies enclosed) in his own hand addressed to the complainant, her mother and her husband and sent them to the home address of her husband. The contents of those letters were read by the nephew of Mr. Narayan swamy (her husband) who was shocked and surprised by these false allegations. He has sent those letters to the complainant for launching criminal prosecution.

In the aforesaid petition of complaint against column 3 "date of occurrence" it has been stated, "From August 1967 at Capital P.S. to 31st January 1970". When the complainant was examined under Section 200, Code of Criminal Procedure she stated,

I complain against Tribikrama Misra, who belongs to Ganjam. Since 1967 uptodate, he is trying to blackmail me both by words as well as by letters. He has used many defamatory statements in his letters. My prestige has been lowered in the society. The words he used and the words he wrote impute my chastity...On 31 -1 -1970 accused also trespassed in my official residence at Bhubaneswar and tried to intimidate me and had refused to go till he was taken into custody.

After some evidence was led charge was framed on 19 -5 -1970 to the following effect:

That you on or about 31st day of January 1970 at the Capital defamed Mrs. Chandranai Narayan Swami by publishing to Mr. V. Narayan Swami certain imputation concerning Mrs. Chandramani Narayan Swami, to wit, describing her as your wife by means of letters in writing intending that such imputation would harm the reputation of said Mrs. Chandramani Narayan Swami and thereby committed an offence punishable under Section 500, Indian Penal Code.

Sometime back a revision was carried before the Additional District Magistrate (Judicial) (Or. Rev. No. 9 of 1970) questioning the charge. By order dated 29 -7 -1971 the revision application was dismissed and the charge was left as aforesaid. The complainant did not challenge the aforesaid order of the revisional Court.

(3.)THE petition of complaint, the initial statement under Section 200, Code of Criminal Procedure and the further deposition given in Court as also the charge framed in the case clearly go to show that the sole basis of the present prosecution is the defamatory material contained in the letters written by the accused. Admittedly these letters were posted at Bhubaneswar and were Bent either to Poona or Quilon. Poona is the place were the complainant's husband serves. Admittedly the complainant's family came from Alleppey in the Kerala State. Some of her relations at Quilon are said to have received the letters in question.