K.N. Saikia, J. - (1.) THE Petitioners impugned the order dated 6.12.83 of the Chief Judicial Magistrate (Central), Manipur taking cognizance of a complaint under Section 500 IPC and issuing process against the Petitioners in Criminal (Complaint) Case No. 87 of 1983, and also prays for quashing of the proceeding under the following facts and circumstances.
(2.) THE first Petitioner, Shri Hidangmayum Dwijasekhar Sharma is the eldest, and the second Petitioner, Shri Hidangmayum Chandrasekhar Sharma, is the third son of the first Respondent, Shri Hidangmayum Dwijamani Deb Sharma. The, 1st Petitioner is a Professor of a Government College while the 2nd Petitioner is a Government servant and both reside near the 1st Respondent. On 21.11.83 the Petitioner, being apprehensive of further alienation of property by the 1st Respondent, filed an application purported to be under Section 148(A) Code of Civil Procedure in the Court of the S.D.C. (I.W. Centre) Imphal stating the subject as "Objection to any mutation case sought by Dwijamani Dev Sharma on twin grounds of senility (unsound mind) due to his octogenarian age -status and also of plot No. IM/64 not being a self -acquired property." It was stated in the petition that the 1st Respondent, aged about 84 years attempted to have shopsite plot No. IM/64 transferred or mutated in favour of daughters and a few sons, and prayed that such endeavour be stayed until (a) the soundness of his mental health is not duly certified by a competent doctor (instances of his mental infirmity can be substantiated during hearing); and (b) the said shopsite plot be proved by Shri Sharma to the satisfaction of the court that it is his self -acquired property, which he could distribute only to such parties he chooses. It was further stated that earlier another dag had been mutated in favour of two deities and hence it was prayed that any further attempt for mutation be disposed of only after notice to the Petitioners. The 1st Respondent lodged a complaint on 5.12.83 in the Court of the Chief Judicial Magistrate (Central), Manipur stating that the aforesaid application of the Petitioners containing defamatory words was filed in order to defame him and to harm his reputation and to lower his prestige in the estimation of the general public and thereby they committed an offence punishable under Section 500 IPC where for they should be punished. The complainant's statement was "recorded wherein he stated that the Petitioners characterised him as of unsound mind which, was very much defamatory and it lowered his prestige and reputation in the estimation of the public, that defamatory words were intentionally used to hurt his feeling; and that be received a copy of the said application.
(3.) BY the impugned order dt. 6.12.83 cognizance of the offence under Section 500 IPC was taken and Criminal (Complaint) case No. 787 of 1983 was registered and summons issued and the Petitioners surrendered in response thereto, Hence this petition.;