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1961 Supreme(All) 108

A.N.MULLA
K. C. SONREXA – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
B.C.SAXENA, H.K.Ghose, L.CHANDRA, R.K.Rai, S.B.Chaudhary, SARASWATI PRASAD, V.P.MISRA

A. N. MULLA, J.


( 1 ) THIS is an application under Section 561-A Criminal Procedure Code praying that the prosecution of the petitioner Sri K. C. Sonrexa under Section 500 Indian Penal Code be dropped and the proceeding be quashed under Section 561-A Criminal Procedure Code.

( 2 ) THE brief facts of the case are as follows : Sri K. C. Sonrexa who was an employee of the uttar Pradesh State was found guilty of misconduct by a Tribunal specially appointed to enquire into his case and on the findings of the Tribunal the Uttar Pradesh State terminated his services. Sri Sonrexa was aggrieved by this dismissal as according to him it was illegal and he sent a notice under Section 80 Civil Procedure Code through a counsel Sri H. C. Saksena. According to the prosecution the said notice contained highly defamatory aspersions against the members of the Tribunal and so the Public Prosecutor, Lucknow, filed a complaint under Section 500 Indian Penal Code read with Section 198-B Criminal Procedure Code both against Sri sonrexa and Sri H. C. Saksena. The said notice was not signed by Sri Sonrexa and his contention is that he cannot be held liable for any defamatory aspersions if they exist in the









































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