Crl.M.C.No.4146/2011 Page 1 of 2 $~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. No. 4146/2011 % Judgment delivered on:13th December, 2011 SHAILENDER @ KAKU ..... Petitioner Through : Mr.Shaad Anwar, Adv versus STATE NCT OF DELHI & ANR. ..... Respondent Through : Mr.Navin Sharma, APP for State CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J. (Oral) Crl.M.A.No.19228/2011(exemption) Exemption is allowed subject to just exceptions. Criminal M.A. stands disposed of. + CRL.M.C. No. 4146/2011 1. Vide the instant petition, the petitioner has challenged and prayed to set aside the impugned judgment and order dated 01.10.2011 passed by learned Additional Sessions Judge, Karkardooma Courts, Delhi in Criminal Revision No.38/2011 and consequent thereto set aside the judgment and order dated 25.01.2011 passed by learned Crl.M.C.No.4146/2011 Page 2 of 2 Metropolitan Magistrate, Karkardooma Courts, Delhi in C.C.No.12074/10. 2. After some deliberations, learned counsel for the petitioner submits that if the learned Magistrate was of the opinion that the complaint under Section 211 Indian Penal Code, 1860 is not maintainable due to bar provided under Section 195 (1) (b) Cr. P.C., then learned Magistrate should have proceeded for the offence under Section 500 Indian Penal Code, 1860 for defamation. 3. Learned counsel for the petitioner seeks to withdraw the instant petition with liberty to file the appropriate petition before appropriate forum. 4. Liberty granted. 5. Accordingly, instant petition is dismissed as withdrawn with liberty as prayed. SURESH KAIT, J DECEMBER 13, 2011 Mk