PRAMOD SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the State as also learned counsel for the Respondent No.2.

(2.) THIS is an unfortunate litigation between the two senior officers of the State Government. The Respondent No.2 filed a complaint before the Chief Judicial Magistrate, Ranchi, which was registered as complaint case No.135 of 2010, in which the petitioner and one Pankaj Tripathi, Press Reporter of the Daily Newspaper, Dainik Jagran, were made accused. The complainant respondent No.2, who was then posted as Dy. Secretary, Personnel, Administrative Reforms and Rajbhasha Department of the State Government, filed the complaint alleging inter alia, that the petitioner, who was posted as Dy. Secretary, Cabinet (Vigilance) Department of the State Government, had written a defamatory letter on 29.12.2009 to the Vigilance Commissioner, Jharkhand, Ranchi, with an intention to tarnish and lower down the prestige of the complainant in the society and in the eyes of his superior officers. The copy of the said letter was also sent to the higher officials, including His Excellency, the Governor of Jharkhand. In the complaint petition, it is stated that in order to tarnish the reputation of the complainant, the petitioner made false accusation against the complainant of demanding Rupees three lacs for favouring him in a departmental matter and he also made some adverse remarks against the family background of the complainant. The contents of the said letter were also published in the Ranchi addition of Dainik Jagran dated 25.01.2010 and 26.1.2010 on the front page. Alleging that the actions of the accused persons had lowered down the prestige of the complainant in the society, the complaint was filed by the complainant in the Court below.

(3.) IT appears from the record that the statement of the complainant was recorded on solemn affirmation, in which he supported the case and two witnesses were also examined in the enquiry stage, on the basis whereof, by order dated 13.8.2010, passed in Complaint Case No. 135 of 2010, the learned Chief Judicial Magistrate, Ranchi, has found the prima facie offence under Sections 500 and 501 of the IPC against the accused persons, including the petitioner, and process was issued against them.