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2021 Supreme(J&K) 175

VINOD CHATTERJI KOUL
T. K. Ganjoo – Appellant
Versus
Meenu Betab – Respondent


Advocates Appeared:
For the Petitioner:Mr. Sumeer Pandita Advocate.
For the Respondent:Mr. Sunil Sethi Sr. Advocate with Mr. Paras Gupta Advocate.

JUDGMENT :

1. This petition is filed under Section 561-A CrPC seeking quashment/setting aside the order dated 04.06.2018 passed by the learned 2nd Additional Munsiff Jammu whereby cognizance under Section 499/500 RPC has been taken by the learned Magistrate on the complaint filed by the respondent and process issued against the petitioner for appearance.

2. The order is challenged primarily on the ground that the complaint does not disclose any offence cognizable under Section 499/500 RPC as the allegations levelled in the complaint do not constitute offence under Section 499/500 RPC having none of the ingredients thereof. It is submitted that defamation can be alleged when the words either spoken or intended to be read or by signs or by visible by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm the reputation of a person. It is submitted that complaint has been filed against the petitioner in order to harass and torture him. It is further submitted that there was not even a single word written in the l

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