JUDGMENT

Harington, J. - This is a Rule calling upon the District Magistrate to show cause why the case, which has been instituted against the petitioner, should not be quashed and the proceedings set aside 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 proceeding1 which is now pending against the petitioner is a prosecution for defamation u/s 500 of the Indian Penal Code. The petitioner contends' hat 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. 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 instituted.

3. In my opinion Sect