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2005 Supreme(SC) 328

ARUN KUMAR, B.P.SINGH
Ram Swarup – Appellant
Versus
Mohd. Javed Razack – Respondent


Judgment

B.P. Singh, J.—In this appeal by special leave the appellant has impugned the order of the High Court of Judicature at Andhra Pradesh, Hyderabad in Criminal Petition No. 5314 of 1998 dated 8th June, 1999 whereby the application filed by the appellant under Section 482 of the Code of Criminal Procedure for quashing the order of the XVTH Metropolitan Magistrate, Hyderabad taking cognizance was rejected.

2. We may notice that a complaint was filed by the respondent before the Metropolitan Magistrate complaining that when he had gone to the chambers of the appellant, he had addressed him and his father in abusive language in the presence of several persons. We need not reproduce the words used but it is clear to us on a reading of the complaint that the words used are defamatory per se, particularly, when a vice-president of the Income tax appellate tribunal is said to have addressed those words to a practicing lawyer and to the father of the complainant, who was also a member of the Income tax appellate tribunal.

3. It is argued before us that cognizance taken by the Metropolitan Magistrate of an offence under Sections 499 and 503 IPC is not warranted, and in any event, before t



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