IMPORTANT POINT
Statements made without evidence that harm a public official's reputation can constitute defamation under IPC, justifying criminal proceedings.

JUDGMENT :

Shampa Dutt (Paul), J.

1. The present revision has been preferred by the Accused/Petitioner praying for quashing of impugned Criminal Proceeding being 269C of 2023 under Section 200 of the Code Criminal Procedure, 1973 with respect to the alleged commission of the Offences under Sections 182/211/499/500/503/504 of the Indian Penal Code, 1860 presently pending before the Learned Judicial Magistrate, 1st Court, Malda, West Bengal.

2. The case of the Opposite Party/Complainant is that the petitioner stated in various applications/petitions including Writ Application(s) that the opposite party was a “Corrupt Chairman” and that a First Information Report was also filed against him, wherein he used such terms and that has harmed his reputation.

3. It is further stated that:-

“The complainant currently serves as the chairman of the English Bazar Municipality, who had been elected for the first time to the position in 1995. He is also an ex-MLA and ex-Minister-in-Charge of the Department of Tourism for the Government of West Bengal. In the year 2004 he was awarded the "Environmental Excellency" award by Govt. of West Bengal and Central Govt. By virtue of his chairmanship, he represents the public in general and has gained immense knowledge of the political environment during his career. His distinguished personality and leadership style have earned him a reputation as a respected figure. As a representative of the public, he diligently performs his duty towards the development of society at large, which has garnered him widespread appreciation among the general public.”

4. The case of the accused/petitioner in short is that:-

“From the facts as mentioned in the petition itself, there is no whisper that the petitioner’s activities caused the opposite party to create a breach of peace and also nowhere has it been written that the petitioner threatened the opposite party with regards to his person or property as a result of which he did something which he was not supposed to do as per law and moreover the said Section 503 is a definition and not a punishment by virtue of which it could not never have been added as a Section in the Offences part of the petition of Complaint and the Cognizance taken by the Learned Chief Judicial Magistrate was also bad in law. The petitioner filed numerous complaints against the opposite party, because he in reality does nefarious and corrupt acts and only to coerce the petitioner to withdraw the said Complaint(s) such criminal proceedings have been brought forth.”

5. The relevant extract from the letter of complaint dated 10.09.2022 filed by the petitioner before the Executive Officer, English Bazar Municipality, is as follows:-

“i) That I would like to state that my building plan has been approved thrice from the English Bazar Municipality, Malda. First Plan was sanctioned on 07.03.2013, bearing sanction Number 14/2012-2013 (G+2 with one Mezzanine Floor), Second Plan was sanctioned on 22.08.2013, bearing sanction number 04/2023-2014 (G+3 with one Mezzanine Floor) and Third Plan was sanctioned on 16.11.2017, bearing sanction number 03/2017-2018 (G+3 with one Mezzanine Floor). Moreover Completion Certificate was issued by the English Bazar Municipality against holding number 789/7/490 on 04.01.2018 vide Memo Number 2579/IV-2/17-18.

(ii) That at the time of passing the extension plan dated 22.08.2013 the municipal officials visited the spot and imposed penalty amounting Rs. 10,000/- which I have deposited on 16.08.2013 vide receipt number 3755.

(iii) That you are very well aware of the fact that on 23.03.2014 an FIR was lodged against the then corrupt Chairman who is also the present Chairman of English Bazar Municipality Mr. Krishnendu Narayan Choudhury in English Bazar Police Station for making illegal demand amounting Rs. 2,00,00,000/-(Two Crores) against construction of my new residential building. Immediately after lodging the FIR the stop construction notice was issued on 24.03.2014 in revenge withou