JUDGMENT

Harington, J. - This is a rule calling upon the District Magistrate to show cause why the proceeding which has been instituted against the petitioner should not be stayed on the ground that, under the provisions of Section 403 of the Code of Criminal Procedure, the petitioner is not liable to be tried for the offence charged against him.

2. The proceeding which is now pending against the petitioner is a prosecution for defamation u/s 500 of the Indian Penal Code. The petitioner contends that he is protected u/s 403, because he has been already tried and acquitted of an offence u/s 182 of the Indian Penal Code in respect of the statement now alleged to be defamatory. The facts are that the accused gave a certain information to the manager of the Bettiah Raj which was untrue. He was prosecuted u/s 182, but acquitted on the ground that the person to whom he gave the information was not a public servant within the purview of that section. That information was, as a matter of fact, defamatory of the person who was aggrieved in the present case, and it is in respect of the defamatory statements which were made to the manager of the Bettiah Raj that the present charge u/s 500 was i