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2014 Supreme(HP) 270

DHARAM CHAND CHAUDHARY
S. M. Katwal – Appellant
Versus
Virbhadra Singh – Respondent


Advocates:
For the petitioner:Mr. Vivek Thakur, Advocate with Ms. Tim Saran, Advocate.
For the respondents:Mr. N.S. Chandel, Advocate for respondent No.1. Mr. Shrawan Dogra, Advocate General, Mr. D.S. Nanta & Mr. Virender Verma, Additional Advocate Generals with M/s R.M. Bisht, P.M. Negi, Pushpinder Singh Jaswal and Vivek Attri, Deputy Advocate Generals for respondent No.2.

JUDGMENT

Dharam Chand Chaudhary, Judge Challenge herein is to the order dated 16.12.2005, passed by learned Sessions Judge, Una, allowing thereby Criminal Revision No. 11/2005 and setting aside the order passed by learned Chief Judicial Magistrate, Una, in Complaint No.373-I-04/157-II/2004, whereby after being satisfied that there exist sufficient grounds to proceed further against the respondent (hereinafter referred to as 'the accused') under Section 500 IPC, process against him, was ordered to be issued.

2. Petitioner, hereinafter referred to as 'the complainant', allegedly felt defamed from the speech made by the accused in a public meeting at Rohara in District Kangra on 3.12.2003. The relevant extract of the speech published in the issue of Punjab Kesari, a Hindi Daily, dated 4th December, 2003, in vernacular, reads in its English version as follows:

"Despite there being thousands-lakhs of unemployed persons in the State, jobs have been sold to people of Punjab, Uttar Pradesh and Bihar, and thus committed breach of faith of competent and intelligent people of Himachal. He (Chief Minister Virbhadra Singh) said the Dhumal Government had surpassed all limits of corruption. The S






























































































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