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2021 Supreme(J&K) 360

SANJAY DHAR
Mohammad Amin Bhat – Appellant
Versus
Mohammad Sartaj Madni – Respondent


Advocate Appeared:
For the Petitioner(s):Mr. M. Saleem Parray, Advocate
For the Respondent(s):Mr. Jahangir Iqbal Ganai, Sr. Advocate with M/s. Sheikh Umar and Murfad, Advocates

JUDGMENT :

Sanjay Dhar, J.

1. Petitioner has challenged the complaint filed by respondent against him for offence under Section 500 RPC before the Court of Chief Judicial Magistrate, Anantnag, as also the order dated 20.08.2018, passed by the learned Magistrate, whereby, after taking cognizance of the offence, process has been issued against the petitioner.

2. It emerges from the record that the respondent has filed a complaint before the Court of Chief Judicial Magistrate, Anantnag, against the petitioner herein who, at the relevant time, was a member of the Jammu and Kashmir Legislative Assembly from Devsar constituency. In the complaint it is alleged that the complainant has been a two-time member of the State Legislative Assembly and he had also held the post of Deputy Speaker of the State Legislative Assembly. It is further alleged that on 14.07.2018, the petitioner/accused addressed two public meetings, one at Devsar and another at Kund, wherein he made defamatory and baseless allegations against the respondent/complainant. The translated version of the alleged defamatory allegations attributed to the petitioner/accused have been reproduced in the complaint.

3. The statements all

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