HIRA HAZARIKA Vs. STATE OF ASSAM AND ANOTHER
HIGH COURT OF GAUHATI
State Of Assam And Another
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RUMI KUMARI PHUKAN,J. -
(1.) Heard Mr. S. Sharma learned counsel on behalf of the petitioner and Mr. T.K. Mishra , learned Addl. P.P. on behalf of respondent No. 1. None appears for the respondent No.2.
(2.) The respondent No. 2 filed a complaint bearing CR Case No. 122/2014 before the court of CJM, Dibrugarh stating inter alia that she is a reputed young lady holding high esteem in the society and she is a elected member of No. 1 Bokul Mazgaon Constituency. It is submitted that the accused through his advocate issued a legal notice dated 27.8.2014 to her complaining that she has given a statement on 17.8.2014 before VNS a local news channel that the accused petitioner has misappropriated the Govt. fund sanctioned for repairing the entrance road of Bokul Mazgaon. It was also mentioned in the notice that no any such amount of Rs.2,30,385/-was sanctioned by the Govt. in the year 2012013 for the repair of the road and also no amount of Rs.3,90,384/- has been sanctioned by the Govt. in the year 2013-14, but only 50% of the said amount was released for repairing of the said road and repairing of the said road is going on. Thus, denying the allegation of mutual cooperation the accused petitioner asked the complainant to make public of any proof, evidence against such mis-appropriation within seven day of receipt of notice and also asked to give clarification in any newspaper or TV channel etc. regarding the innocence of the accused regretting for the same.
(3.) According to the respondent/complainant the content of the said notice is highly defamatory and thereby lowering the esteem of the complainant in the society. The complainant also made a reply to the said notice asking the accused petitioner to substantiate the allegation within seven days otherwise legal action will be initiated against him. Thereafter the complaint was filed by the respondent that by such issuance of legal notice dated 27.8.2014 and by spreading the same among the public without any basis and hence, he is liable for the offence U/S 499 /500 IPC.;
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