MOHINI KAPOOR, J. - (1.) A complaint for the offence under Section 500 IPC was presented by the non -petitioner No. 2 in the court of Munsif cum Judicial Magistrate Jhunjhunu in which the petitioner was named as accused. Statement of the complainant under Section 200 Cr.P.C. was recorded and thereafter, the learned Magistrate took cognizance on 9 -5 -88. This order has been challenged by the accused petitioner on the ground that the court at Jhunjhunu has no jurisdiction to take cognizance of the offence.
(2.) THE facts may be briefly looked into the petitioner as well as the non -petitioner No. 2 are both the Government servants and a dispute about seniority is pending between them. The petitioner claims to be senior to the respondent No. 2 but in the seniority list the respondent No. 2 has been shown as senior. The petitioner while working as a Office Superintendent in the office of the Collector, Sawai Madhopur wrote a letter by way of representation to the Chairman, Board of Revenue, Rajasthan Ajmer, who is the authority which has administrative control over the petitioner as well as the non -petitioner No. 2. In this letter dated 26 -12 -86, a few sentences were as under: .........[vernacular ommited text]........... On 6th Feb., 1988, the respondent went to his office in Collectorate Jhunjhunu after availing of some leave and there he found that the petitioner had submitted representation consisting defamatory allegation and he found that his colleagues had a very bad opinion about him and that he was not an honest man as he was looked upon by suspicion took recourse to file the complaint for the offence of defamation.
(3.) ON basis of these allegations it is to be seen whether the court at Jhunjhunu has jurisdiction to take cognizance of the offence.;