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2021 Supreme(J&K) 633

RAJNESH OSWAL
Sudershan Gupta – Appellant
Versus
Shiv Kumar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Jamrodh Singh
For the Respondent: Amarvir Singh Manhas

JUDGMENT :

1. The present petition has been filed by the petitioners for quashing the order dated 24.05.2018 passed by the learned Excise Mobile Magistrate, Jammu (hereinafter to be referred as the trial court) in complaint filed by the respondent, titled, "Shiv Kumar vs. Smt. Sudershan Gupta and others" under section 500 RPC by virtue of which process has been issued against the petitioners and also the criminal proceedings arising out of aforesaid complaint pending before the trial court.

2. The petitioners have impugned the aforesaid proceedings on the ground that no offence under section 500 RPC is made out and that the impugned order as well as criminal proceedings initiated thereto are required to be closed on the ground that the alleged defamatory statement made in the suit before the court of learned 2nd Additional Sessions Judge, Jammu was made by the husband of petitioner No. 1 and father of petitioner No. 2, namely, Sh. Natha Ram and not by the petitioners as the petitioners had become party after the demise of said Natha Ram and further that the complaint filed by the respondent deserves to be quashed as the same has been filed by the respondent with mala fide.

3. Mr. Jamr

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