1 WP 1027.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.1027 OF 2010 Ms.Namrata Deepak Bhosale .. Petitioner. Vs. Dr.Chandramal Bhagwan More & Ors. .. Respondents. Mr.Sandip Dere for the petitioner. Mrs.M.R.Tidke APP for the State. CORAM : N.D.DESPHANDE, J. DATED : JANUARY 20, 2011. PC: 1. Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. This writ petition is filed by the petitioner after rejection of miscellaneous application on 13.3.2009 praying for condonation of delay in filing the criminal revision application. By the said proceedings there is criminal case of defamation registered and pending before Metropolitan Magistrate, 32nd Court at Bandra under sections 182, 464, 469, 500, 501 and read with section 34 of Indian Penal Code. The complainant is respondent no.1, principal of the college. At the material time the petitioner was student of the college. Admittedly, she was one of the witnesses cited by the prosecution. Therefore, the principal – respondent no.1, who is the complainant had grudge against the S 2 WP 1027.10 petitioner and he had filed the defamation case. The said defamation proceedings is challenged by this writ petition praying for quashing and setting aside the order of issuance of process. Many points were argued which are related to the question of facts and defence of the petitioner. In a case of defamation as stated in the definition of defamation of Indian Penal Code includes certain defences. Such defence cannot be taken into consideration in the writ petition separately or in an application under section 482 of the Code of Criminal Procedure. Nothing is stated that the petitioner was denied opportunity or there is any breach of principle of natural justice. What is argued is that why she should go and participate in defamation case which according to her was uncalled for and prima facie does not satisfy the ingredients of defamation. The facts and circumstances of the case are required to be considered by the court which has taken cognizance for “issue process”. The law has also provided remedies such as exemption of personal appearance and, therefore, said writ petition is devoid of any substance and it deserves to be dismissed. Hence the writ petition is dismissed at the stage of admission. (N.D.Deshpande, J.)