Exception 3 of Section 499, IPC, does not protect defamatory statements that are not made in good faith or as a justified exposture of a public question.

R.L.ANAND, J.

1. Dogar Singh and Harjit Singh alias Mithu have filed the present petition under S. 482, Cr. P.C. against Smt. Shobha Gupta and the State of Punjab, and the same has been directed against the order dated 8th April, 1995 passed by the Court of Additional Sessions Judge, Kapurthala, who set aside the order dated 7th May, 1993 passed by the Sub Divisional Judicial Magistrate, Phagwara, when the learned Magistrate dismissed the complaint of Smt. Shobha Gupta, respondent, under S. 504 read with S. 34, and Ss. 500 and 120-B of the IPC.

2. Brief facts of the case are that two petitioners along with 41 others, including Shri Rakesh Kumar, submitted an application to the Deputy Commissioner, Kapurthala, alleging as follows :-

"ToThe Deputy Commissioner,Distt. Kapurthala,Kapurthala.Sub :-

Amount the malpractices in the Punjab Public School, PhagwaraSir,Most respectfully it is to bring to your kind notice the following facts for kind consideration and immediate action :-(i) That the building of the aforesaid school is quite unsafe and it may bring about any disaster upon the students of this school at any time.(ii) That the indiscipline among the students is to the unlimited extent and this has created a great problem for the nearby residents. Neither the school has any ground for proper accommodation.(iii) That it appears that this school has become a meeting place for the both sexes and the Principle Mrs. Shobha Gupta is turning a deaf ear towards the character of the students.(iv) That if these are not checked in time, they may become a great problem for the City.So, keeping in view the above-mentioned facts, your attention and action is highly desired to rectify the problem.Yours faithfully,Sd/- Rakesh Kumar and 42others persons.Dated 5-6-1990Smt. Shobha Gupta felt that this complaint had been filed by the petitioners and others in order to defame her. She filed a criminal complaint in the Court of Judicial Magistrate Ist Class, Phagwara, against the present petitioners, i.e., Dogar Singh and Harjit Singh alias Mithu, and one Bant. It was alleged by her that she was Principal of the Punjab Public High School, Phagwara, and had been running the School in a very peaceful manner. The complainant and her school is well known for discipline, control, efficient working and good results and this institution is blessing for whole city of Phagwara. The three accused, i.e., Dogar Singh, Harjit Singh and Bant, aforesaid, are residing in the neighbourhood of the complainant. On 5-6-1990 these three accused in connivance with other persons maliciously with their common intention filed a complaint before the Deputy Commissioner, Kapurthala openly accusing the complainant and her school. In that school the accused clearly stated that the school run by the complainant has become a meeting place for both the sexes and the Principal Mrs. Shobha Gupta is turning deaf ear towards the character of the students. It has also been stated in the complaint that the building of the school is quite unsafe and it can bring disastrous results besides indiscipline amongst the students. The Deputy Commissioner sent the complaint to the S.D.M. Phagwara, to inquire into the matter, who called both the parties. The S.D.M. himself inspected the school and its building and found no justification in the complaint. The complaint which was moved by the petitioners and others was ultimately dismissed, treating it as false and bogus, and report in this respect was sent to the Deputy Commissioner, Kapurthala. It has been alleged by the complainant that the defamatory application moved by the petitioner was without any proof and it has been moved with malicious intention in order to harm the complainant and her reputation, besides her business and also in order to cause her mental agony. The accused had the knowledge that this complaint would pass from many hands and would spread in the general public and stongly harm the complainant in many ways. The ac