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2021 Supreme(Kar) 408

H.P.SANDESH
SAYEEDULL HASSAN QUADRI S/O SHAH ISMAIL QUADRI – Appellant
Versus
BASHIRUDDIN S/O MOHD YOUSUFUDDIN – Respondent


Advocates Appeared:
For the Appellant : Sri. MOHD.VIKHARUDDIN
For the Respondent: Sri. GURURAJ V. HASILKAR

ORDER :

This petition is filed under Section 482 of Cr.P.C., praying this Court to quash the entire proceedings initiated against the petitioner in PCR No.1/2014, which is now numbered as C.C.No.113/2015 for the offences punishable under Sections 500 and 501 of IPC, which is pending on the file of II Additional Senior Civil Judge & JMFC., at Bidar.

2. The factual matrix of the case is that respondent No.1 herein has filed PCR No.1/2014 and when the complaint is filed under Section 200 of Cr.P.C., invoking the offences punishable under Sections 500 and 501 of IPC contending that an article was published in the paper belongs to the petitioner herein, which defame the name of the complainant. The trial Court proceeded to pass an order referring the matter under Section 156(3) of Cr.P.C. The police after receiving the order registered an FIR, investigated the matter and filed the charge sheet and thereafter the trial Court took the cognizance.

3. The petitioner herein has filed an application before the trial Court under Section 203 of Cr.P.C., the same was dismissed by the learned trial Judge on the ground that already the matter was referred and the investigation was conducted and filed

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