Petitioner (accused) Ms. G.K.S. Malik at the relevant time was posted as Deputy Director (News), Radio Kash­mir, Srinagar and respondent (com­plainant) Dr. Javed Rahi was posted as Chief Editor (Gojri), J&K Academy of Art, Culture and Languages, Jammu (for short the Academy). Petitioner wrote a letter dated 18.02.2010 to the President of the Academy (Hon'ble the Chief Minister) making various asser­tions against the respondent and re­questing for an enquiry against him. Because of this letter, the respondent on 03.04.2010 filed a complaint alleg­ing commission of offence under Sec­tion 500 RPC by the petitioner in the court of Special Mobile Magistrate (Elec­tricity), Jammu. He alleged that some of the accusations levelled against him by the petitioner were baseless and defamatory and have damaged and tar­nished his reputation in the eyes of his colleagues, officers and Hon'ble President of the Academy. He identified these accusations in his complaint as:

"A vigilance case is pending against the complainant's fraudulent appoint­ment in the Academy and the com­plainant got his appointment by us­ing unfair means and sabotaged the deserving candidate." and

"The complainant has r