Public notices claiming defamation must demonstrate intent to harm reputation; truth for public good is a valid defense.

JUDGMENT :

J. C. DOSHI, J.

1. It is a petition filed under section 482 of the Code of Criminal Procedure, 1973 (in short “the Code”), whereby the petitioners having been arraigned as accused in Criminal Case No.152 of 2017 challenges issuance of process by the learned CJM, Rajkot for the offences punishable u/s 500 of the IPC .

2. The fact which outlined the dispute between the parties and leading to filing up the present petition, are as under:-

2.1 The complainant got admission of his son in the school of the petitioners in June-2015 by paying six months fee of the first semester by cheque.

2.2 That on 08/08/2015, the complainant was called by the school and told to deposit the advance cheque of the second semester fee. Upon asking for explanation of advance cheque, no satisfactory reply was given by the petitioners and in turn, the complainant was asked to withdraw the admission. Even, the petitioners denied to give it in writing.

2.3 That on 01/09/2015, the complainant was called in person by the accused no.3 and accused no.2 and 3 again demanded the advance cheque, or to withdraw the admission and on 02/09/2015, the complainant was informed by the letter that his son’s admission is canceled. In pursuance thereof, Leaving Certificate of complainant’s son was sent through Reg.A.D. on 16/09/2015, which the complainant received on 18/09/2015.

2.4 Therefore, the complainant gave complaint to the District Education Officer on 03/09/2015 and the said complaint was heard on 01/10/2015 and the District Education Officer passed an order in favour of the complainant on 03/10/2015. The complainant has also given a written application to the Malaviyanagar Police Station also on 18/09/2015.

2.5 Upon the aforestated order, the Administrator and Principal of the school started subjecting to mental harassment to complainant’s son and he was made sit aloof from his class and he was deprived of his study and therefore, the complainant had given statement in Mota Mava Chowkey of Malaviyanagar Police Station on 05/10/2015.

2.6 Thereafter, a complaint was filed against the complainant in the beginning of October-2015 and in context of the said complaint, Mr. Jadeja, ASI of Malaviyanagar and other police staff Ashokbhai Kalak came to complainant’s office situated at Jalaram-2 on 08/10/2015 and the complainant was taken in to the said car and produced before the PI of Malaviyanagar Police Station and thereafter, the complainant was arrested there. Next day, the complainant was produced in the Mamlatdar Office (South) near P.D. Malaviya College and thereafter, the complainant was released on bail.

2.7 Bearing grudge towards the above entire incident, on 13/10/2015, the school, the school administrator and the Principal sent a pamphlet with complainant’s son alongwith a two-lined letter without addressing the date or name and on the same day, a notice was published in the newspapers ‘Sandesh’ and Divya Bhaskar’, and on 14/10/2015 in newspaper ‘Sanjh Samachar’ and on 16/10/2015 in newspaper ‘Gujarat Samachar’ and in the said notice, it was mentioned about complainant’s character and used defamatory language and therefore, the complainant filed aforestated Criminal Case. In which, the learned trial Court has issued process against the petitioners.

2.8 Hence, present petition.

3. Learned senior advocate Mr. Anshin Desai assisted by learned advocate, Mr. Nandish Thackar for the petitioners. would submit that issuance of process by the learned CJM for the offence pun