ORDER

1. Leave granted.

2. In 1994, a complaint came to be filed against the appellant by the respondent under Section 200 IPC alleging that because of some press statements made by the appellant, which appeared in the press in June 1990, he (the respondent) suffered reduction in the sale of SPIC products, thereby incurring losses. The appellant approached the High Court of Judicature at Madras through a petition under Section 482 CrPC praying for quashing of the complaint pending in the Court of Judicial Magistrate, Aruppukottai. A learned Single Judge of the High Court on 1-3-1996, while dismissing the petition filed by the appellant made the following order :

"The petitioner is seeking for quashing the complaint registered for the offence under Section 200 IPC namely, using a statement knowing it to be false. The circumstance under which he used the statement knowing it to be false, is a question of fact to be determined during trial. Having regard to the quantum of punishment contemplated for such an offence, it is triable by warrant procedure and he can raise all the contentions at the appropriate stage before the court below. I see no ground to quash the complaint. The petition is dismissed."

3. We have examined the application filed by the appellant under Section 482 of the Code of Criminal Procedure, the complaint filed by the respondent and the other record. In our opinion arguable questions had been raised in the petition filed by the appellant but the same have not been dealt with at all by the learned Single Judge while dismissing the petition. The impugned order is wholly cryptic. There is no discussion let alone a finding, whether the facts stated in the complaint even prima facie disclose the commission of an offence under Section 200 IPC. Does the complaint contain the essential ingredients of the offence alleged against the appellant, has not also been dealt with. The appellant had inter alia raised the question of limitation as well as the necessity of obtaining sanction for his prosecution, those also have not been considered. Under the circumstances the impugned order cannot be sustained.

4. We accordingly accept this appeal and set aside the impugned order. We remit the petition under Section 482 of the Code of Criminal Procedure (Crl. OP No. 3075 of 1994) to the High Court for a fresh disposal in accordance with law. The High Court shall expeditiously dispose of the matter without treating anything said herein by us as any expression of opinion on the merits of the case. Till the petition is disposed of by the High Court, the proceedings in the complaint in the trial court shall remain stayed. It shall be open to the appellant to seek exemption from personal appearance in the trial court from the High Court.