Dinesh Radheshyam Sharma v. The Union Of India And ANR.

2024:BHC-AS:832 20 wp 638 of 2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.638 OF 2023 Dinesh s/o Radheshyam Sharma ...

Petitioner versus The Union of India and Anr.

...

Respondents Mr. Sushil kumar Upadhyay i/by Mr. Ashok M. Saraogi for Petitioner. Mr. Harsh Dedhia i/by Mr. H.S.Venegaonkar, for Respondent No.1.

CORAM:

N.J.JAMADAR, J.

DATE :

8 JANUARY 2024 P.C.

1.

Heard the learned Counsel for the parties.

2.

The Petition assails the legality, propriety and correctness of an order dated 13 September 2022 passed by the learned Sessions Judge, U.T. of Dadra and Nagar Haveli at Silvassa in Criminal Revision No.3 of 2021 whereby the learned Sessions Judge was persuaded to interfere with the order of issuance of process passed against Respondent No.2 - Revision Applicant for the offence punishable under Section 500 of the Indian Penal Code.

3.

The learned Sessions Judge found that the allegations of defamation were vague as the alleged defamatory imputations were made in unsigned letters which were allegedly addressed to the complainant and his relatives. 4.

Learned Counsel for the Petitioner invited the attention of the Court to the alleged defamatory statements.

SSP 1/2

20 wp 638 of 2023.doc 5.

Evidently, those statements are unsigned. The allegations in the complaint do not make out a specific case of publication of the alleged defamatory statement. In the circumstances, the learned Sessions Judge was justified in interfering with the order passed by the learned Magistrate. 6.

No case is made out to interfere in exercise of extra ordinary writ jurisdiction.

7.

The Petition stands rejected.

( N.J.JAMADAR, J. ) SSP 2/2