Advocates:
['V G BHAMBURKAR', '', 'S P KULKARNI', 'MANJU M GHATODE', '', 'FOR/R']

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO. 665 OF 2017

APPLICANTS :-

1. Maroti s/o Bhauraoji Chandankhede,

aged about 68 yrs, Occ. Agriculturist, R/o

Plot No.1, Ashok Colony Post Khamla,

Nagpur-440 025.

2.Ramesh s/o Bhauraoji Chandankhede,

aged about 56 yrs, Occ. Agriculturist, At

and Post Pipra, Tah. Umred, Dist.Nagpur.

...VERSUS...

NON-APPLICANTS :-1. Ramkrushna s/o Natthuji Dhole, Aged

about 68 yrs, Occ. Agriculturist, At and

Post Pipra, Tah.Umred, Dist. Nagpur.

2.Mahendra s/o Ramkrushna Dhole, aged

about 41 yrs, Occ. Agriculturist, At and

Post Pipra, Tah. Umred, Dist. Nagpur.

3.Sunil s/o Ramkrushna Dhole, aged about

36 yrs, Occ. Agriculturist, At and Post

Pipra, Tah. Umred, Dist. Nagpur.

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Mr. V. G. Bhamburkar, counsel for the applicants

Ms M.M.Ghatode, counsel for non-applicant Nos.1 to 3.

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CORAM : MANISH PITALE, J.

DATE : 13.08.2021.

KHUNTE

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O R A L J U D G M E N T

By this application, the applicants (original complainants),

have challenged order dated 12/06/2017 passed by the Court of

17^th Judicial Magistrate First Class, Court No.9, Nagpur

(hereinafter referred to as “Magistrate”), whereby complaint filed

by the applicants against the non-applicants for offences

punishable under sections 499, 500 and 501 of the Indian Penal

Code (hereinafter referred to as “IPC”), has been dismissed under

section 203 of the Code of Criminal Procedure (hereinafter

referred to as “Cr.P.C.”)

2.

In brief the grievance of the applicants is that the non-

applicants herein made certain defamatory statements against

them in a proceeding before the Sub-Divisional Officer, concerning

a dispute between the parties as regards boundaries of their

agricultural fields. The applicants contended that specific

statements quoted in the complaint demonstrated that the non-

applicants had committed offences punishable under sections 499,

500 and 501 of the IPC.

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3.

The Magistrate called for a report under section 202 of the

Cr.P.C.

4.

Thereafter, the Magistrate took up the complaint for

consideration. In the impugned order, the Magistrate came to a

conclusion that even if the statements made in the complaint were

to be accepted, it was obvious that the alleged defamatory

statements were made by the non-applicants before the Sub-

Divisional officer in a proceeding where the non-applicants were

seeking to assert their rights and that therefore, Eighth Exception

to section 499 of the IPC was squarely attracted. On this basis, the

complaint was dismissed.

5.

The impugned order was made subject matter of challenge

in the present application, wherein notice was issued. The

respondent appeared through counsel and the application was

directed to be listed for final disposal at the admission stage.

6.

Mr. V. G. Bhamburkar, learned counsel appearing for the

applicants, submitted that the Magistrate had committed an error

in concluding that the non-applicants were entitled to the benefit

KHUNTE

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of Eighth Exception to section 499 of the IPC. It is submitted that

as per settled law, the said Exception could be applied only if the

accused ( non-applicants in the present case), established that the

statements that they made before the Sub-Divisional Officer were

made in good faith. It was submitted that such a finding was

necessarily a finding on facts, which could be arrived at only after

trial and that therefore, the impugned order d