1. Heard. Rule. Rule returnable forthwith with the consent of the parties. Heard forthwith.

2. Such of the facts necessary for the decision of this Writ Petition, are as follows:-

(a) The complainant in Criminal Case No.674/SS/2009 filed a complaint before the Addl. Chief Metropolitan Magistrate, 4th Court at Girgaum, Mumbai on 31.8.2007 alleging therein that the present petitioner was indulging into character assassination and defamation of the complainant. The complainant has alleged that she is the resident of Flat No.9/2, Cassinath Building. The petitioner also resides in the same building. Flat No.12A belongs to the father-in-law of the present petitioner and it is situated just above the complainant's flat. The present petitioner had undertaken the work of carrying out repairs in the aforesaid flat i.e. flat No.12A. The complainant had filed a complaint to the Tardeo Police Station alleging therein that the accused is indulging into illegal activities which creates nuisance. On 2.9.2004, the complainant was called by the police for enquiry. The petitioner went to the police station and in the presence of the police personnel, had told the police “Constable tum us-se b