IMPORTANT POINT
A magistrate must provide a reasoned order demonstrating a prima facie case before taking cognizance of defamation charges.

JUDGMENT :

Heard Mr. A. Bhattacharya, learned counsel for the petitioner; Mr. B. Sarma, learned Additional Public Prosecutor for the State, respondent No. 1; and Mr. G. Uddin, learned counsel for the respondent No. 2.

2. In this petition, under Section 482 of the Cr.P.C., the petitioner, namely, Mustt. Shahnaz Rasul @ Mansoor has prayed for quashing the order dated 04.05.2019, passed in C.R. Case No. 6996/2018, under Sections 499/500/501 of the IPC, and also the entire proceeding pending before the learned Sub-Divisional Judicial Magistrate No. 1, Kamrup (M) at Guwahati.

3. It is to be noted here that vide impugned order dated 04.05.2019, the learned Sub-Divisional Judicial Magistrate No. 1, Kamrup (M) at Guwahati has taken cognizance of the offences under Sections 499/500/501 IPC, against the petitioner and issued process to her to stand trial in C.R. Case No. 6996/2018.

Background Facts:-

4. The background facts, leading to filing of the present appeal, are adumbrated herein below:-

“Mustt. Shamim Siraj Hazarika, the respondent No. 2 herein, had instituted a proceeding under Sections 145/146 of the Cr.P.C., being C.R. Case No. 19/2016, before the court of learned Executive Magistrate, Kamrup (M) at Guwahati. In the said proceeding, the present petitioner, as respondent, had filed written statement. Wherein she made some imputation against the respondent herein, as under:-

“Since long, the first party and her son, namely, Yusuf Hazarika was disturbing the peaceful living and possession of the second parties and trying to wrongfully and illegally evict them, depriving the rights of the second parties, as the first party and her son wanted to the give the land to some builders and have threatened several times to leave the house, else to face dire consequences and on 27.04.2014, the first party along with others burnt the dwelling house of the second parties while they were sleeping at about 2 am at night, with the deliberate and mala-fide intention to throw and evict the second parties from their dwelling house into the streets and give the land to some builders, rendering the second parties absolutely homeless, depriving them of their legitimate rights. The dwelling house was burnt to ashes, nothing remained, everything including furniture, clothes, documents, their home, everything was burnt down, damaged and destroyed by the fire planted by the first party.”

After filing of written statement by the present petitioner, the learned Executive Magistrate, on 11.04.2024, had dropped the proceeding of C.R. Case No. 19/2016, on the ground that the dispute is purely a personal dispute between the parties regarding their share of land in their ancestral property.

Thereafter, the respondent herein has filed one complaint before the learned Chief Judicial Magistrate, Kamrup (M) at Guwahati. The complaint was then transferred to the court of learned Sub-Divisional Judicial Magistrate No. 1, Kamrup (M) at Guwahati for disposal. In the said complaint it has been alleged inter-alia amongst others that in the written statement filed by the respondent therein i.e. the present petitioner in the Case No. 19/2016, before the learned Executive Magistrate, she had knowingly, with malicious intention and deliberately made false and defamatory statements against the Complainant, i.e. the respondent herein. It is also alleged that the defamatory statement was made knowing it to be false, with deliberate intention and knowledge, that such imputations and innuendoes would cause irreversible and irretrievable damage to the reputation, character and goodwill of the Complainant both in her personal as well as her social and public life.

The learned trial court then examined the complainant and two other witnesses under Section 200/202 Cr.P.C., took cognizance of the same vide impugned order dated 04.05.2019, under Sections 499/500/501 of the IPC.”

Grounds:-

4. Being highly aggrieved and dissatisfied, the petitioner has preferred this present petition under Section