(1.) Inherent jurisdiction of the Court has been invoked, by the petitioner, for setting aside the Chief Judicial Magistrate, Jammu's order of November 30, 2005 dismissing his complaint, seeking initiation of process against the respondents, for defaming him, in showing his complicity in a sex racket pursuant to his and one Ghulam Qadir Bhat's arrest on October 14, 2004.
(2.) Taking note of the registration of an FIR and the production of Final Police Report against the petitioner and others, on the basis of the material produced before him, by the petitioner, the learned Chief Judicial Magistrate refused to issue process against the respondents-Police Officers, finding that the Eighth Exception to Section 499 RPC was attracted, as the respondents, connected with the investigation of the police case, were found to have acted in good faith, on the basis of the result of their investigation, in revealing the petitioner's involvement in the sex racket.
(3.) Referring to Smt. Nagauua v. Veeranna Shivalingappa Konjalgi and Ors., 1976 AIR(SC) 1947, the petitioner's learned Counsel urged that the learned Magistrate has erred in refusing to issue process against the respondents when a clear case of defamation had been made out against them in the complaint.