Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.47345 of 2008 ====================================================== Harihar Choubey, S/o late Chandrika Choubey, the then Depurty Superintendent of Police, Dalsingsarai, District – Samastipur. .... .... Petitioner/s Versus 1. The State of Bihar 2. Yugal Kishore Prasad Choudhary, S/o late Maheshwar Prasad Choudhary, the then Vice-Chairman, N.A.C., P.S. Dalsingsarai, District- Samastipur at present Vill. Keonta, Dalsingsarai, Samastipur. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE MANDHATA SINGH ORAL ORDER 8 18-07-2012 Heard learned counsel for the petitioner and learned counsel for the State. This application is filed for quashing the order dated 09.06.2006 passed by the S.D.J.M., Dalsingsarai, Samastipur in C.R. No. 304 of 1998/T.R. No. 739 of 2008. Complaint case, in brief, is that complainant was Vice-Chairman of notified area, Dalsingsarai. To remove encroachments under the direction of High Court, he wrote a letter to the S.D.O., Dalsingsarai to ask additional Police Force. Accordingly, same was requested by the Chairman and was replied by this petitioner. According to the complainant, the letter was sent to the complainant by the Chairman which was scribing that blames were leveled by the complainant against local M.L.A. and Police due to his mental bankruptcy and reason behind the same was that it was concerning a particular area Patna High Court Cr.Misc. No.47345 of 2008 (8) dt.18-07-2012 2 from Gate no. 32 to registry office for realization of illegal money. It is further said that when the letter reached to him he was sitting in his office along with witnesses and was read by one Anand Kumar Mahto. Submission on behalf of petitioner is that no case is made out as the so called defamatory words were sent to the Chairman of the notified area, having lawful authority over Vice-Chairman in good faith. There can be no dispute that letter was sent to the Chairman, complainant was Vice-Chairman. Officially, the letter was sent to him by Chairman. Unnecessarily, witnesses have been managed to remain present, allowed to read the contents of the letter having no occasion and letter in any case was sent to the Chairman. Thus, case falls under eighth exception of [STATUTE] . which defines the defamation, so the order of cognizance is not liable to be sustained. Accordingly, the quashing application is allowed and the order dated 09.06.2006 passed by the S.D.J.M., Dalsingsarai, Samastipur in C.R. No. 304 of 1998/T.R. No. 739 of 2008 is hereby quashed. Shail/- (Mandhata Singh, J.)

Applicable IPC Section: 499

Statute Text:
Section 499 of the Indian Penal Code. None. Whoever by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person.