* 1 * IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1693 OF 1998 Shri.Madhavrao Vithalrao Shejul ....... Petitioner V/s. 1. The State of Maharashtra 2. Shri. Suresh Giyachand Jodhani ....... Respondents. ===== Mr.Balkrishna D. Joshi, adv.for petitioner. Mrs.A.A.Mane, APP for State-respondent. CORAM: SMT.R.P.SONDURBALDOTA, J. DATED: 16TH FEBRUARY, 2009. P.C. : 1. Heard counsel for both sides. 2. This petition is filed under Section 227 of Constitution of India and under Section 482 Cr.P.C. to challenge the order dated 7th September, 1996 passed by the court of Judicial Magistrate First Class, Ulhasnagar in issuing process under Section 500 I.P.C. In Criminal Case No.123 of 1996. 3. The petitioner is the Chief Presiding Officer of Ambernath Municipal Council. On 16th July, 1996 respondent no.2 filed criminal complaint against the petitioner in the court of Judicial Magistrate First Class, Ulhasnagar under Section 500 IPC alleging that the petitioner has released a press note regarding the proceedings filed by respondent no.2 against the applicants to practically all the * 2 * newspapers alongwith the copy of the complaint bearing his signature. A copy of the press note in Marathi and its english translation are annexed to the petition. The press note refers to the contents of the complaint filed by respondent no.2 and the orders passed thereon. It is alleged by respondent no.2 that this press note has been released deliberately with the intention to defame respondent no.2. He claims to have received telephone calls from different persons making enquiries about the statements made against him in the press. It has been contended by the petitioner that he being a public servant and discharging duties of the public servant in the capacity of Chief Officer of Ambernath Municipal Council, no complaint can be filed against him without prior sanction under Section 197 Cr.P.C. from the competent authority. That the applicant is a public servant is not in dispute. In that circumstances, the sanction under Section 197 Cr.P.C. was a must. Further perusal of the complaint shows that the alleged defamatory material is not even stated therein. It was also not disclosed in the verification of the complainant on oath. This reduces the complaint being vague. It is lastly submitted that the petitioner as Chief Officer of Ambernath Municipal Council released the press note reporting proceedings of the court which cannot amount to defamation. I find substance in this submission also. In all the above circumstances, it cannot be said that all the ingredients of Section 500 are made out by the complainant. Therefore, the order : * 3 * O R D E R (i) Rule is made absolute. (ii) The order dated 7th September, 1996 passed by the court of Judicial Magistrate First Class, Ulhasnagar of issuing process under Section 500 I.P.C. in Criminal Case No.123 of 1996 is hereby quashed and set aside. [SMT.R.P.SONDURBALDOTA, J]