FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE J. L. ODEDRA

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Approved for Reporting Yes No

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CORAM:

HONOURABLE MR.JUSTICE J. L. ODEDRA

ORAL JUDGMENT

1. Rule returnable forthwith. Mr. Dhawan Jayswal, learned APP waives service of notice of rule for and on behalf of Respondent No.1. Mr. Apurva R. Kapadia, learned advocate waives service of notice of rule for and on behalf of respondent No.2.

2. Present proceedings have been initiated seeking following reliefs:-

“6. The applicant most humbly therefore, prays that:

A.YOUR LORDSHIPS MAY BE PLEASED TO Admit and Allow this application;

B.YOUR LORDSHIPS MAY BE PLEASED TO quash and set aside order dt.06.02.2023 passed by the Learned District Sessions Judge Narmada at Rajpipla in Criminal Revision No.34 of 2022 (Annexure-A); in interest of Justice.

C.YOUR LORDSHIPS MAY BE PLEASED TO quashing and setting aside the impugned order passed by the Ld Judicial Magistrate at Dediyapada in Enquiry No.02 of2022.

D. YOUR LORDSHIPS MAY BE PLEASED TO allow the application and give the direction to the Learned Judicial Magistrate at Dediyapada to restore the application Enquiry No.02 of 2022 and proceed further;in interest of justice.

E.Be pleased to grant any other relief/s as may deem fit proper, in the interest of justice.”

3. It appears that the petitioner herein had preferred a complaint under Section 500 of the Indian Penal Code. It is his case that the respondent No.2 herein had preferred certain application (hereinafter,”the original application”) before the police station in respect of certain land at Compartment No.396, Plot No.2 Hectare 00,Are 60 sq.meter in District: Narmada, Taluka: Dediyapada, Village: Bandishervan.

4. It is the case of the petitioner that the land is a forest land and that in respect of the said land, respondent No.2 had filed the original application before the police. Subsequently, in social media, i.e. Facebook, an individual, by the name of Shri Vasava Champak, had reported that such an application was filed before the police alleging that the standing crops on the said land had been grazed by the cattle at the instance of the petitioner herein and his cronies. Similarly, on his Facebook page, the said Shri Vasava Champak had uploaded the application filed by respondent No.2 together with certain photographs. It was the case of the petitioner that the said Shri Vasava Champak is putting the said information on his Facebook page at the instance of respondent No.2 and is defaming the petitioner for no reason.

5. It is the case of the petitioner that he is not at all connected with any other criminal acts pertaining to the land in question. He has also adduced before the learned Additional Chief Judicial Magistrate at Dediyapada in Enquiry Case No.02 of 2022, the newspaper cuttings of Gujarat Samachar (Vadodara Edition) and Sandesh (Bharuch-Narmada Edition), alleging that in the said newspapers also, at the instance of respondent No.2, such malicious defamatory news items have been published. It may be noted that in the complaint before the learned Additional Chief Judicial Magistrate in respect of which Enquiry No.2 of 2022 was registered, the petitioner had prayed that offence under Section 500 be registered against Rajeshbhai Ratilal Vasava, respondent No.2 herein.

6. Pursuant to the filing of the concerned complaint and initiation of enquiry, the verification of the complainant had been recorded by the Court. Pursuant to the verification recorded of the present petitioner, the learned Additional Chief Judicial Magistrate, Dediyapada was pleased to dismiss the complaint under Section 203 of the Code of Criminal Procedure. Whilst so dismissing, the learned Additional Chief Judicial Magistrate was pleased to record that the original application against the present petitioner, said to be false, has not been adduced on record by the petitioner and, m