Sandeep Mehta, J. - (1.) The instant miscellaneous petition has been filed by the petitioners challenging the order dated 4.1.2006 passed by the learned Chief Judicial Magistrate, Jodhpur in Criminal Case No. 16/2006, whereby the learned Chief Judicial Magistrate took cognizance against the petitioners for the offence under Section 500 Indian Penal Code as affirmed in revision by the order dated 8.5.2009 passed by the learned Additional Sessions Judge No. 3, Jodhpur in Criminal Revision No. 87/2008.
(2.) Succinctly stated the facts of the case are that the respondent No. 2 filed a. complaint in the Court of the learned Chief Judicial Magistrate, Jodhpur alleging inter alia that he, along with certain other residents of Kerala State, formed a registered association namely Ayppa Charitable Society with the objective of granting educational, medical and other assistance to the poor and needy people. It was alleged that the Ayppa Seva Sangam is another society which is not related to the above-mentioned Ayppa Charitable Society in any manner. It was also mentioned that the aims and objectives of the Ayppa Charitable Society and the Ayppa Sewa Sang are entirely 'different. The complainant further submitted that on 5.11.2003, the petitioner No. 1 R.K. Nair, who is the Secretary of Ayppa Seva Sangam, published a notice in the newspaper, which, as per the complainant, was defamatory and resulted into the lowering of the complainant's reputation in the society. The complainant also alleged that due to the publication in the newspaper, the reputation of the complainant in the society was badly affected and damaged.
(3.) The complainant examined himself as also three witnesses in support of his complaint. The defamatory publication said to have been made at the instance of the petitioners was exhibited. The legal notice issued on behalf of the complainant and the reply thereto were has also placed on record in support of the complaint. In the reply it was specifically stated that there was no intention of the petitioners to defame the complainant. It was stated that complainant's name was not mentioned in the public notice and that the notice was only to warn the people that the petitioners' society and the other society, namely Ayppa Charitable Society are different organisation and that nobody should keep or establish relations with Ayppa Charitable Society under the impression that the said society is connected with the Ayppa Temple, Ratartada, Jodhpur.;