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2021 Supreme(J&K) 359

SANJAY DHAR
Aditya Raj Kaul – Appellant
Versus
Naeem Akhter – Respondent


Advocate Appeared:
For the Petitioner(s):Mr. R.A. Jan, Sr. Advocate with M/s. Rajat Pradhan and Aswad Attar, Advocates
For the Respondent(s):Mr. Jahangir Iqbal Ganai, Sr. Advocate with Ms. Humaira Shafi, Advocate

JUDGMENT :

“Those who fill a public position must not be too thin skinned in reference to comments made upon them. It would often happen that observations would be made upon public men which they know from the bottom of their hearts were underserved and unjust; yet they must bear with them and submit to be misunderstood for a time.”

(Per Cock Burn, CJ, in Seymour V. Butten worth (1862) 3 F&F 372)

“Whoever fills a public position renders himself open thereto. He must accept an attack as a necessary, though unpleasant, appendage to his office.”

(Per Bramewll, B in Kelly V. Sherlock, (1866) LRIQB, 689)

1. Petitioners have challenged the complaint filed by the respondent against them before the Court of Chief Judicial Magistrate, Srinagar, alleging commission of offences under Section 499 and 500 RPC, as also the order dated 27.12.2018 passed by the said Magistrate whereby cognizance of the offences has been taken and process has been issued against the petitioners. They have also challenged order dated 23rd February, 2019 passed by learned Chief Judicial Magistrate, Srinagar, whereby bailable warrants for securing attendance of the petitioners have been issued.

2. Petitioner No.3 happens to

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