S.M. DHAWAN Vs. FAQUIR CHAND

JUDGEMENT

(1.) THE present petition under Section 482 of the Code of Criminal Procedure has been filed, challenging the order summoning the accused-petitioners on a complaint filed under Sections 499/500/107/108/109 read with Section 34 of the Indian Penal Code. The facts given in the summoning order are as under :-

(2.) THE present petition has been filed for quashing of the complaint as also the summoning order.

(3.) I have examined the two allegedly defamatory articles (Ex.P-3 and P-4). It is clear from a reading thereof that they had been published in response to the scurrilous allegations made in 'Tasveer' and 'Nirakshak' (Exh.P-5 and P- 6), in which serious allegations of mis-conduct and moral turpitude had been levelled against the petitioners and it was suggested that their continuance in service of the D.A.V. College, Abohar as Teacher should be reconsidered. It can, therefore, be said that the matter would clearly fall within Exception 9 to Section 499 of the Indian Penal Code which reads as under :-