SHOBHAN JAISWAL Vs. STATE OF U P & ANOTHER
LAWS(ALL)-2016-1-298
HIGH COURT OF ALLAHABAD
Decided on January 08,2016

Shobhan Jaiswal Appellant
VERSUS
State Of U P And Another Respondents

JUDGEMENT

- (1.) The present application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the entire proceedings of criminal case no. 5385 of 2014 (Smt. Seema Jaiswal vs. Smt. Shobhan Jaiswal) under Section 500 IPC, Police Station, Kotwali, District - Ghazipur, pending in the court of Chief Judicial Magistrate, Ghazipur. Further prayer has been made to stay the further proceedings of the aforesaid case.
(2.) Heard learned counsel for the applicant and the learned AGA appearing for the State.
(3.) It was submitted by the learned counsel for the applicant that the complaint was barred by exceptions of Section 499 IPC. Allegations levelled against the applicant do not constitute offence of defamation. All the averments made by the applicant were in good faith. The matter, for which the present complaint has been filed, is also pending before the competent court, hence, the complaint cannot go-on. The court concerned illegally summoned the applicant to face the trial by the impugned order.;


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