2013 Supreme(Bom) 1089
In the High Court of Bombay at Aurangabad
A.P. BHANGALE, J.
Maulik Kotak & Others
Versus
The State of Maharashtra & Others
Criminal Writ Petition Nos. 64 of 2003, 65 of 2003, 108 of 2003, 109 of 2003, 557 of 2003 & 558 of 2003
Decided on : 19-06-2013
For the Petitioners:S.P. Katneshwarkar, Advocate.
For the Respondents:R1, K.S. Patil, A.P.P., R2, S.G. Rudrawar, V.D. Hon, Advocate.
Headnote:CRIMINAL PROCEDURE CODE, 1973 - Section 482 - Indian Penal Code, 1860, Section 499 - Quashing of complaint for defamation.
Complaints for defamatory publication, not filed by an aggrieved and defamed person being not maintainable, deserves to be quashed.
1. Heard submissions at the Bar. The petitioners in all these petitions pray for quashing and setting aside the orders passed by the learned Chief Judicial Magistrate, J.M.F.C courts at Nanded, Newasa, Sangamner, Kopargaon as also Chalisgaon thereby issuing process in respective Summary Criminal Cases and also pray for setting aside the complaints filed by respondents-complainants. (mentioned details of number of cases and the details as to the courts and orders impugned )
2. The brief facts stated in respect of in Criminal Writ Petition No.64 of 2003, Criminal Writ Petition No.65 of 2003, Criminal Writ Petition No.108 of 2003, Criminal Writ Petition No. 109 of 2003 are summarized thus:
An article was published on 8.7.2002 in Marathi weekly “Chitralekha”, making certain allegations against Pandurangshastri Athawale, known as “Dada” and Jayshree Didi (Dhanashri Talwalkar) of “Swadhyaya Pariwar.” The publication imputed that the Dada and Didi lost their balance and imputed that Dada made speech like an instigating terrorist leader that they possess the thousands youth like LTTE who can jump from the terrace of Oberoi Hotel and can finish any body at his instance. The article also alleged that the Swadhyayees have started leaving the Swadhyaya pariwar and and huge gap is being created between the followers of Swadhyaya and Dada and there began a climax of unprecedented rope pulling for to grab the property worth crores of rupees. Movement started fading since Didi, niece of Dada , took over the movement since 1995-last five years . Swadhyayees who had learnt lessons of peace and patience have raised serious questions about her method of working, her intention and her character. Swadhyayees are disappointed due to their deception in the name of Adhyatma about which 'Chitralekha' wrote many times. Retired justice B.J. Diwan etc left Swadhyaya movement due to ill functioning of Didi The complainants quoted the article in the complaint and averred that due to this defamatory article, all the Swadhyayees became sad. There are lacs of people connected with Swadhyaya Pariwar. The respondents complainants claiming association with Swadhyaya Pariwar, at respective places in State of Maharashtra filed complaints against the petitioners herein under Section 500 read with sec. 34 of Indian Penal Code. Upon registration of complaints as Summary Criminal Cases in the Court of learned C.J.M. Nanded, J.M.F.C. Newasa, Sangamner and Kopargaon, and Chalisgaon respectively, the learned Magistrate passed order of issuance of process against the petitioners.
3. In Criminal Writ Petition No.557 of 2003 and Criminal Writ Petition No.558 of 2003 the facts in brief are thus :
The petitioners in above said two petitions pray for quashment of further proceedings instituted at the instance of complainant in the Court of Judicial Magistrate, First Class, Chalisgaon. Respondent complainants in respective petitions filed complaint in the Court of Judicial Magistrate, First Class, Chalisgaon against the petitioners alleging commission of offence under Section 500, 295-A read with sec.34 of Indian Penal Code, on the basis of same article published on 8.7.2002 in Marathi weekly “Chitralekha” thereby making certain imputations against Shri Pandurangshastri Athawale, popularly called and known as “Dada” and Jayshree Didi ( Smt. Dhanashri Talwalkar) of Swadhyaya Pariwar. The complaints were registered as Criminal Case No.225 of 2002 and Criminal Case No.226 of 2002. The learned Judicial Magistrate, First Class, Chalisgaon directed inquiry by Police under Section 156 (3) of Cr.P.C. Upon investigation, charge-sheet was filed against the petitioners under Section 295- A, 500 read with sec.34 of Indian Penal Code. The learned Judicial Magistrate, First Class, Chalisgaon by order dated 16.11.2002, directed issuance of summons against the petitioners and nonbailable warrant against petitioner No.1.
Hence these petitions.
4. The process came to be issued agains