KISHAN LAL GABA Vs. STATE OF RAJASTHAN & ANR.
LAWS(RAJ)-2011-10-116
HIGH COURT OF RAJASTHAN
Decided on October 13,2011

Kishan Lal Gaba Appellant
VERSUS
State Of Rajasthan And Anr. Respondents

JUDGEMENT

Sandeep Mehta, J. - (1.) The present miscellaneous petition has been filed to seek quashing of the proceedings going on against the petitioner in the Court of the Judicial Magistrate No. 3, Bikaner in Criminal Case No. 297/2000 for the offence under Section 500 I.P.C.
(2.) The petitioner was summoned by the order dated 28.8.1998, against which he filed a revision petition and the same had been dismissed by the learned Additional Sessions Judge No. 2, Bikaner by the order dated 8.2.2006. The aforesaid orders and the proceedings going on against the petitioner have been assailed before this Court by way of present miscellaneous petition.
(3.) Praying for quashing the proceedings, learned counsel for the petitioner submits that in this case the so-called act of defamation has admittedly taken place at New Delhi and as such the Court at Bikaner has no jurisdiction to try the case. He submits that the alleged defamation letter was issued by the Fruits and Vegetable Exporters Association, Bijak for the purpose of communicating the same to M/s. Sanjay Kumar Raj Kumar at C-98, New Sabji Mandi, Azadpur. He further submits that the aforesaid letter was thereafter allegedly sent to the complainant by one of the partners of the firm M/s. Sanjay Kumar Raj Kumar, but by the said communication, it cannot be said that the petitioner had committed the offence of defamation at Bikaner. He further submits that now the complainant of the matter has expired and as such the complaint for the offence under Section 500 I.P.C. cannot be continued.;


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