Rongon Mukhopadhyay, J. - (1.) HEARD learned counsel for the parties.
(2.) IN this application, the petitioner prays for quashing the entire criminal proceeding in connection with Complaint Case No. 48 of 2000 including the order dated 08.08.2000 passed by the learned Judicial Magistrate 1st class, Hazaribagh by which cognizance has been taken for the offences punishable under Sections 499/500 and 34 of the I.P.C. It appears that a complaint case was instituted by the opposite party No. 2 herein in which it was stated that the complainant is the son of a famous Barrister and is author of several books and is a well -known personality of Hazaribagh. It has been stated that after the complainant returned from USA to New Delhi on 02.01.2000, he went to Apollo Hospital for his check -up and operation and finally came back to Hazaribagh on 15.01.2000. It was alleged that on 16.01.1999, the complainant was informed that a defamatory notice has been published in the daily newspaper 'Hindustan' on 01.12.1999 and it was also alleged therein that the defamatory notice had lowered his prestige in the eyes of the general public; and that the notice was published with a view to malign him as the complainant has previous litigation with the property in question and the said notice defamed him in public.
(3.) AFTER the complaint case was instituted, inquiry was conducted and thereafter vide order dated 08.08.2000, the learned Judicial Magistrate, Hazaribagh was pleased to take cognizance for the offences punishable under Sections 499/500 and 34 of the Indian Penal Code.;