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1982 Supreme(Guj) 242

D.C.GHEEWALA
NARANBHAI SADABHAI PARMAR – Appellant
Versus
BAROT NANDLAL KHODIDAS – Respondent


Advocates Appeared: H.K.THAKORE, J.J.MEHTA, N.K.BAROT

D. C. GHEEWALA, J.

( 1 ) THE present revision application is directed against the order of the learned Assistant Sessions Judge Mehsana passed below Exh. 7 in Sessions Case No. 68 of 1982. The facts of the case can be briefly summarised as under:

( 2 ) THE Opponent No. 1 filed a complaint against the applicants alleging that they had published a printed leaflet making false imputation against opponent No. 1. The said leaflet contains defamatory statements. The learned JMFC held an inquiry under the provisions of sec. 202 of the Criminal Procedure Code and thereafter decided to issue process for offences punishable Under Sections 500 193 195 r. w. sec. 109 of IP Code against the applicant. As the offence punishable under sec. 195 was exclusively triable by the court of Sessions the learned Magistrate committed the applicants to the court of Sessions to stand their trial.

( 3 ) AT the stage of framing the charge Opponent No. 1 who is a practising Advocate submitted an application Exh. 7 and prayed that he be permitted to advance arguments before the learned Judge for satisfying the learned Judge as to whether there was sufficient material before the Court of Sessions to frame the charg












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