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2023 Supreme(Bom) 1766

AMIT BORKAR
Harish Kumar Garg – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Mr. Apoorv Singh, for the Appellant; Mr. A.R. Patil, Dr. Abhinav Chandrachud with Mr. Saurish Shetye i/b Mr. Abhishek Bhaduri, for the Respondent

JUDGMENT

1. The petition is directed against the order of issuance of process dated 15th December 2018 passed in Criminal Complaint C.C. No.2379/SW/2018 filed in the Court of Additional Chief Metropolitan Magistrate, 38th Court at Ballard Pier, Mumbai, for the offences punishable under Section 500 of the Indian Penal Code, 1860 (hereafter 'IPC', for short).

2. Respondent No.2 filed a complaint under Sections 499 and 500 of IPC, contending that the petitioner got published the following news item in Mumbai Mirror Edition Mumbai dated 29th September 2018. The extract quoted in the complaint reads as under:-

<WXY>"Harish Kumar Garg president of the Club said that the elections were being held in a free and fair manner. There are absolutely no irregularities at all. We have followed all Rules and Bye law. The allegations are totally baseless. This is an attempt to malign the image of the Club and the Committee,' Garg said

He explained that the Courts had not given any relief to Bhasin or Goenka' They first asked us to include them in our panel and when we rejected the they started making these allegations. No Court has given them any interim relief They wanted to get the elections barred b

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