- (1.) HEARD learned Advocates of both the sides.
(2.) THIS application is at the instance of the accused and is directed against the order dated October 17, 2011 passed by the learned Judicial Magistrate, First Class-ll, Port Blair in CR. No. 39/487/2011 thereby rejecting the application of the accused dated 15.9.2011. The complainant/opposite party No.1 herein instituted a complaint case under Sections 499/500/501 of 1PC against the petitioner contending that the letter dated September 24, 2010 written by the petitioner contained defamatory words which lowered down the prestige and status of the complainant. The learned trial Judge recorded statement of the complainant and the witnesses on solemn affirmation and on the basis of such statements on solemn affirmation, the learned trial Judge took cognizance of the offence and issued summon upon the accused petitioner herein. Thereafter, the accused petitioner herein filed an application dated September 15, 2011 contending inter-alia that the allegation against him was not true and no sanction under Section 197 of the Code of Criminal Procedure was obtained from the competent authority in order to lodge a complaint against him. So the accused person should be discharged from the case. Upon hearing both the sides, the learned trial Judge rejected the said application by the impugned order.
(3.) BEING aggrieved, this application has been preferred. In order to appreciate the situation, it will be convenient to record the entire letter dated September 24, 2010 written by the petitioner to the complainant. Accordingly, the said letter is reproduced below:- "F.No./12-164/DSW/VOD/AP/2010/2017 ANDAMAN AND NICOBAR ADMINISTRATION DIRECTORATE OF SOCIAL WELFARE ** Port Blair dated the 24th September, 2010 To Shri. Akshay Pant, R/o South Point, Port Blair. Sub: Violation of Govt. of India's decision No. 13 by Director(SW)- reg. Sir, The undersigned is directed to inform that your representation dated 07/06/ 2010 on the subject cited above has carefully been examined and it has been found by the Competent Authority that there is no merit in the complaint filed by you as all the allegations leveled are found to be motivated and baseless. Yours faithfully Sd/- (R.K.Majhi) Superintendent(JH) Copy to:- 1 .The Section Officer, Central Vigilance Commission, New Delhi, Satarkata Bhawan GPO Complex, Block-A INA, New Delhi- 110023 2. The Superintendent of Police, Anti-Corruption Unit, Port Blair 3. The Assistant Secretary (Vig), A & N Administration, Port Blair For kind information alongwith the complaint dated 07/06/2010 received Shri Akshay Pant, which is self explicit. The reply is being sent in anticipation of the complaint likely to be addressed to you on the matter by Shri Akshay Pant who is black mailing, defaming & harassing the deptt / Administration under the shade of RTI Act; which ultimately hinders the functioning of the department by wasting valuable time, energy & manpower meant for public work going into unproductive work, which amounts to anti- government activities. Sd/- Superintendent (JH)." ;