J.C. Mishra, J. - (1.) This revision has been filed by the accused against the order dated 25.3.1988 passed by Judicial Magistrate, Sadar, Mathura summoning him to face trial under Section 500 I.P.C.
(2.) The complainant Sri Saral Kumar filed a complaint in the court of Judicial Magistrate, Sadar, Mathura alleging that his father late Shiv Charan Sharma was a reputed journalist and social worker. He was also a freedom fighter and had taken active role in liberation of the country on account of which he was sentenced to imprisonment. He had served out about 61/2 years of imprisonment awarded. It is alleged in the complaint that the accused sent letters to the District Magistrate, Mathura, and Swatantrata Senani Samiti, Mathura and a third letter for favour of publication in 'Amu Ujala' making defamatory and false allegations against the father of the complainant, which has adversely affected the reputation of the complainant and his family members.
(3.) To support the complaint version the complainant examined him under Section 200 Cr.P.C. and Ram Kumar Tiwari under Section 202 Cr.P.C. He filed copies of the letter sent to the District Judge, Mathura and Swatantrata Sangram Senani Samiti, Krishnapuri, Mathura. In the letters it was stated that the conviction and sentence of five years was not free from doubt. It was further alleged that Saral Kumar got employment by committing fraud on the Government and that matter was being enquired into. The learned Judicial Magistrate summoned the accused. Felt aggrieved the accused came up in revision challenging the summoning order.;