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1940 Supreme(All) 23

RACHHPAL SINGH
Mohammad Isa – Appellant
Versus
Nazim Husain – Respondent


ORDER

Rachhpal Singh, J. - These are two connected revision applications which can be conveniently disposed of together. In connexion with a murder charge Chhote Lal and Nazim Husain made statements before a Magistrate. Khan Bahadur Syed Muhammad Isa, the complainant, alleged that these statements were defamatory towards him and in connexion with them he filed complaints against Chhote Lal and Nazim Husain u/s 500, I.P.C. The learned trial Magistrate was of opinion that the complaints of the complainant were incompetent. According to his view, no case could be started against the two accused persons unless there was a complaint made by the judicial officer before whom the alleged defamatory statements were made. The two complaints were dismissed. The applicant filed revisions before the learned Sessions Judge who summarily rejected them. The applicant has now come up in revision before this Court.

2. Two points arise for consideration in this case. The first is whether the statements made by the accused persons during the judicial proceedings are absolutely privileged and for that reason the complaints by the complainant were incompetent. The second is whether a complaint could be ma

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