- (1.) The petitioner Harpal Singh is working as District Food and Supplies Controller in the State of Haryana. The respondent Som Nath filed a criminal complaint against him (Annexure P.1) under sections 500 and 504, Indian Penal Code. The petitioner has been summoned by the Judicial Magistrate Ist Class, Kaithal, in pursuance of the complaint.
(2.) In this petition under Section 482, Code of Criminal Procedure the petitioner has sought the quashing of the complaint and the proceedings taken by the trial Magistrate in pursuance thereof. It is contended by the learned petitioner's counsel that from the allegations contained in the complaint no offence either under section 504, Indian Penal Code, is made out. I find that this contention is not without merit.
(3.) In the impugned complaint it is alleged by Som Nath respondent that he had filed an appeal against the order of the petitioner before the Deputy Commissioner Kurukshetra which was allowed and it was ordered that the supply of kerosene oil and sugar and other articles to the respondent be restored which had been stopped by the petitioner. The respondent appeared before the petitioner on June 8, 1982 in his office and showed him the copy of the appellate order of the Deputy Commissioner, Kurukshetra. The petitioner is alleged to have got infuriated and he ordered the respondent to get out of his room addressing him as "pagal". The petitioner further told the respondent that he would restore the supply only on receipt of a letter from the Deputy Commissioner. It is to be considered whether in such circumstances the petitioner can be said to have committed an offence under Section 500 and 504, Indian Penal Code. Section 500, Indian Penal Code, provides punishment for defamation. The term defamation is defined in Section 499 of the Code in the following terms :- "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.";