1. A person is identified by his name. His name may have no value to society but would be precious to the person concerned. A good name is better than great riches. Shakespeare’s Othell o, Act III, Scene 3, 167:

“Good name in man and woman, dear my lord, Is the immediate jewel of their souls; Who steals my purse, steals trash; “tis something, nothing; “T was mine, “tis his, and has been salve to thousands, But he that finches from me my good name, Robs me of that which not enriches him, And makes me poor indeed.”

2. The Laws of defamation aims at protecting the name and goodwill of a person in the society.

3. By this writ application under Article 226 of the Constitution of India, the writ applicants-original accused persons, have prayed for the following relief’s;

“(I) To admit and allow this application:-

(II) To quash and set aside :-

(a) Complaint dated 09.10.2017 filed by complainant, namely, Jay Amitbhai Shah in the Hon’ble Court of Ld. Additional Chief Metropolitan (Court No-13), CMM Court Complex, Gheekanta, Ahmedabad.

(b) Order dated 24.10.2017 below Exh.1 in Criminal Inquiry No. 4918 of 2017 passed by the Hon’ble Court of Ld. Additional Chief Metropolitan (Court No. 13), CMM Court Complex, Gheekanta, Ahmedabad of taking cognizance of the impugned complaint for offences under Section 500 read with Section 114 of the I.P.C.

INTERIM-PRAYER

(III) During the pendency, further consideration and final disposal of the present Application, be pleased to stay the further proceedings in C.C. No. 65552 of 2017, pending before the Hon’ble Court of Ld. Additional Chief Metropolitan (Court No.-13), CMM Court Complex, Gheekanta, Ahmedabad.

(IV) Be pleased to pass such other order as deemed fit in the interest of justice.”

4. The facts giving rise to this writ application may be summarized as under:

4.1 The respondent No.2-original complainant lodged a private complaint in the court of the learned Metropolitan Magistrate, Court No.13 at Ahmedabad against the writ applicants herein for the offence of defamation punishable under section 500 of the IPC read with sections 34 and 109 of the IPC. In the complaint, the complainant has also alleged criminal conspiracy punishable under section 120(B) of the Indian Penal Code. The complaint reads as under;

“1. That the complainant is a young, independent and educated entrepreneur holding a degree of Bachelor of Technology (B. Tech) from the reputed Nirma University at Gujarat. The complainant enjoys excellent reputation in society in general and the business community in particular, being a self-made and honest businessman. The complainant is also actively involved in several social and cultural activities. The complainant is also Joint Secretary of the Gujarat Cricket Association (“GCA”) and a member of the Finance Committee of the Board of Control for Cricket in India (“BCCI”). The complainant is highly respected amongst his business colleagues, members of society and general public on account of the business acumen, temperament and independent business ability of the complainant. The complainant also commands respect amongst the general public and cricket lovers of India and globally on account of the other public and activities of the complainant and the complainant holds a very high reputation of being an upright and honest individual in the society.

2. That the present complaint pertains to the following article:

(i) article dated 08.10.2017 titled “The Golden ‘Touch of Jay Amit Shah” (hereinafter referred to as “the defamatory article"), published in “The Wire” being an online news portal (hereinafter referred to as “The Wire");

2.1 The complainant submits that it has further shockingly and surprisingly come to the knowledge of the complainant that the accused have willfully and fraudulently tampered with the critical evidence, the defamatory article itself and the accused have in collu