MAHESH PRASAD SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner, learned counsel appearing for the State. No body appears on behalf of opposite party no. 2. This application has been filed for quashing of the order dated 7.7.2006 passed by the then Judicial Magistrate, Ranchi in Complaint Case no.129 of 2006 whereby and whereunder cognizance of the offence punishable under Section 500 of the Indian Penal Code was taken against the petitioner.

(2.) Learned counsel appearing for the petitioner submits that the petitioner being Head of the Department of Forest Science, Faculty of Forestry, Birsa Agricultural University, Ranchi asked several persons to put forth their view points on 'Flora of Jharkhand'. Pursuant to that, opposite party no.2 submitted its view point on 21.12.2005. On receiving the same, a letter dated 27.12.2005 was written to the opposite party no.2 stating therein that Ph.D done on the thesis 'BIRD BLOOD' is the exact duplicate of Ph.D thesis of Dr.S.C.Yadav, who had done Ph.D in the year 1972 whereas you have done it in the year 1996. It was intimated therein that copies of both the thesis are available in the library of Patna University.

(3.) On getting that letter, a complaint was lodged by the opposite party no.2 which was registered as Complaint Case No. 129 of 2006 putting allegation that the petitioner by writing a letter, copy of which was given to Director Research and all Heads of he Department of Faculty of Forestry intimating therein the thesis of the coplainant is a duplicate copy of the thesis of Dr.S.C. Yadav, offence of defamation has been committed as by writing that letter imputation has been made to harm his reputation. On such complaint, cognizance was taken which is under challenge.