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1999 Supreme(Bom) 692

S.S.PARKAR
Vijay Vishwanath Kuvalekar – Appellant
Versus
Suresh Raghunathrao Kalkundrikar and another – Respondent


JUDGMENT - SHAFI PARKAR, J.:---The question which arises in this petition is whether a son can be said to be an 'aggrieved' person within the meaning of section 199 of Cr.P.C. and, therefore, competent to file a complaint for the offence of defamation under section 500 of I.P.C. for the alleged defamation of his father who was the sole trustee of Dutta Mandir situated in village Ashti in District Pune.

2.This application is filed for quashing the process issued by JMFC, A/C Court, Pune in Criminal Case No. 1867 of 1989 in the complaint filed by the respondent No. 1 for offence under section 500 of I.P.C. in respect of the news item published in "Daily Sakal" a newspaper in Marathi, on 21st May 1989, under the inherent powers of this Court under section 482 of Cr.P.C. and under Article 227 of the Constitution of India.

3.The brief facts giving the backdrop of the present petition can be stated as follows:

At Village Ashti, there is a temple called Dutta Temple. It is registered as a Trust with the Charity Commissioner, Aurangabad. The father of the complainant-respondent No. 1 was the sole trustee of the said temple. The villagers of Ashti had given a written complaint/application to t

































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