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2021 Supreme(All) 574

Y.K.SRIVASTAVA
Rajesh Churiwala – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Birendra Prasad Shukla

JUDGMENT :

1. Heard Sri Birendra Prasad Shukla, learned counsel for the applicant and Ms. Sushma Soni, learned Additional Government Advocate appearing for the State-opposite party.

2. The present application under Section 482 Cr.P.C. has been filed seeking to quash the proceedings of Complaint Case No.10 of 2019 (Mohan Lal Saravagi Vs. Rajesh Churiwala), under Section 500 I.P.C., pending before the Additional Chief Judicial Magistrate, Court No.3, Varanasi, within a stipulated time period.

3. Counsel for the applicant has also sought to assail the order dated 18.01.2020 in terms of which the applicant has been summoned.

4. The only contention which is sought to be canvassed to challenge the proceedings is that the offence under Section 499 I.P.C. is not made out inasmuch as the case is covered under the first exception to the section which provides that if the imputation is made for public good, the same would not amount to defamation.

5. Learned AGA points out that the question as to whether an imputation is made for public good or not would be a question of fact which is to be seen in the trial and the same cannot be taken as a ground to seek quashing of the proceedings.

6. In order t

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