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1961 Supreme(Guj) 108

P.N.BHAGWATI
CHANDUBHAI JETHABHAI DESAI – Appellant
Versus
STATE – Respondent


Advocates Appeared: B.K.AMIN, P.B.DESAI

P. N. BHAGWATI, J.

( 1 ) THESE two Revision Applications arise out of a peculiar application made by the complainant and a still more peculiar order made by the learned Magistrate on such application. The accused was charged for the offence of defamation in the Court of the Judicial Magistrate First Class Nadiad. It is not necessary to set out the facts leading upto the filing of the complaint against the accused; but it is sufficient to state that the complaint was filed against the accused on the ground that at a meeting which was held by the Commissioner, the accused used a word derogatory of the complainant. The case was fixed for hearing on 16 November 1960 and on that date the evidence of the complainant commenced. After the examination-in-chief of the complainant was concluded the advocate of the accused who is the petitioner before me in Revision Application No. 256 of 1961 started the cross-examination of the complainant. In the course on the cross-examination the advocate of the accused asked certain questions to the complainant. The questions and the answers given by the complainant were as follows:-QUESTION:- Did you make an application to the Collector for disqualifying








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