- (1.) M. K. Mittal, J. This application has been filed for quashing the proceedings in Criminal Case No. 5332/2005 Siuicsh Sharma @ Swadesh Sharma v. Pradeep Kansal and others under section 500 IPC P. S. Modi Nagar, District Ghaziabad, pending in the Court of A. C. J. M. Court No. 8, Ghaziabad.
(2.) HEARD Sri Ramesh Sinha learned Counsel for the applicant, Sri Prem Chandra learned Counsel for the opposite party, learned AGA and perused the material on record. The brief facts of the case are that the opposite party No. 2 Sudesh Sharma @ Swadesh Sharma filed a complaint under section 500 IPC against the applicant and others alleging that he is a respectable person of Modi Nagar and had recently joined Congress Party and was a devoted party worker and he also contested the election of the chairman of the Municipal Board and was elected by the people with thumping majority. The accused Pradeep Kansal was also in Congress party and was jealous against him and wanted to lower his position by making false allegations against him. With that view the accused held the press conference on 10th August 2005 at his residence in Modi Nagar and made malicious and defamatory statements against him regarding the murder of one Mahesh @ Bheem. He even declared him to be a murderer and a thief and a dishonest person who had come to loot the citizens of Modi Nagar. The statements made by the accused were given due publicity and were not only printed in the newspapers but there was telecast also on three television channels. This reduced the status of the complainant in the eyes of the citizens of Modi Nagar and several persons including Arvind Kumar Agarwal, Asharam Tyagi, Pramod Kaushik, Ved Prakash Sharma, Nand Kishore Sharma telephoned him and told him that they would have no relations with him. This lowered his prestige and status in society and it was the result of the defamatory allegations made by the accused. According to the complainant the allegations were made by the accused intentionally and without any basis. The learned Magistrate examined the complainant and his witnesses and finding a prima facie case, directed to summon the accused under section 500 IPC by order dated 28. 11. 2006. Feeling aggrieved, the present application has been filed. " The case of the applicant is that he is a respectable person of society and is a member of the Congress Party for last 24 years. The complainant was earlier member of Samajwadi Party and then he joined B. J. P. and thereafter the Congress Party. Hakim Singh father of deceased Mahesh @ Bheem had prayed the applicant on 2nd August 2005 and had given him an application in which it was categorically stated that the complainant was responsible for the murder of his son and in order to assist Hakim Singh and to bring the correct facts to the notice of the concerned authorities the applicant organised the press conference. The contention of the applicant is that the statements as made by him cannot be treated to be defamatory and it was done by him in good faith to assist Hakim Singh.
(3.) THE complainant filed counter affidavit and alleged that Hakim Singh had not given any application to the accused applicant and he, acting out of inter party rivalry and in order to defame him, made false and frivolous statements and lowered his position in the society. THE opposite party also contended that the accused made the statements deliberately and intentionally to harm his reputation and it lowered his status in the eyes of the citizen of Modi Nagar. The relevant portion of section 499 IPC which defines defamation, reads as under- Defamation.-Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person.;