Prakash Gopal Jadhav v. The State Of Maharashtra And ORS.

CAJ 47-Wp-375-2015.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 375 OF 2015 Prakash Gopal Jadhav ... Petitioner V/s.

The State Of Maharashtra And Ors.

... Respondents None for Petitioner.

Mr. S. S. Hulke APP, for Respondent-State.

CORAM : A.S. GADKARI AND MILIND N. JADHAV, JJ.

DATE : 28th SEPTEMBER, 2022.

P.C. :

1.

By the present Petition, Petitioner has prayed for an Order to prosecute Respondent Nos. 2 to 5 under Section 501(b) and 502(b) of the Indian Penal Code for giving/publishing defamatory information against the Petitioner on page No.10 of Mid-Day Newspaper dated 9th December, 2014. 2.

Perusal of Scheduled of Code of Criminal Procedure indicates that, the said offences are non-cognizable and therefore crime can not registered with the Police. Prayer of the Petitioner therefore can not be considered or entertained.

3.

However, Petitioner will be at liberty to file a private complaint before the Court of competent jurisdiction if so advised and as may be 1/2

CAJ 47-Wp-375-2015.odt permissible under law.

Petition is disposed of with the aforesaid liberty. [MILIND N. JADHAV, J.] [A.S. GADKARI, J.] 2/2