Judicial Analysis Court Copy Headnote Facts Arguments Court observation

Advocates:
Counsel for the Parties:
For the Applicant:Shri G.L. Bajaj, Advocate
For the Non-Applicant:Shri R.M. Daga, Advocate

IMPORTANT POINT
Giving of false evidence is a different and distinct offence from that of offence of defamation punishable under Section 500 of IPC.

Headnote:(A) Indian Penal Code, 1860—Sections 500 and 506—Criminal Procedure Code, 1973—Sections 397 and 482—Defamation and criminal intimidation—Quashing petition—Order of issuance of process or summons to an accused in exercise of its power under Sections 200 to 204 of Cr.P.C. can always be a subject matter of challenge under inherent jurisdiction of High Court under Section 482 of Cr.P.C.—In such a matter even revisional jurisdiction under Section 397 of Cr.P.C. would be available to aggrieved party—Both remedies, one under Section 397 of Cr.P.C. and other under Section 482 of Cr.P.C., are available—Applicant-accused No.1 has chosen latter remedy and it is not possible to hold that choice so exercised by applicant is bad in law or was something not at all available to her at threshold itself—Objection about maintainability of petition rejected. (Paras 14 and 15)
       (B) Indian Penal Code, 1860—Sections 500 and 506—Criminal Procedure Code, 1973—Sections 397 and 482—Defamation and criminal intimidation—Quashing petition—Giving of false evidence is a different and distinct offence from that of offence of defamation punishable under Section 500 of IPC—If any defamatory statement is made in pleadings, what would arise would be an offence of defamation punishable under Section 500 read with Section 499 of IPC and not of offence of giving false evidence punishable under Section 193 read with Section 191 of IPC—In present case, offence of defamation has prima facie arisen from pleadings and not from evidence—As regards offence punishable under Section 506 of IPC, there are allegations supported by material brought on record that prior to filing of writ petition, applicant had issued threat to non-applicant to damage or injure his reputation—Material as disclosed by allegations in complaint and statement of witnesses is sufficient to prima facie make out case for proceeding further in the matter under Section 506(I) of IPC as well—Application dismissed. (Paras 20, 21, 25 and 26)
       Result: Application dismissed.

X (Name withheld) VS Y (Name withheld)