- 1 - 171 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.171 OF 2010 Jayantkumar Ratilal Desai .. Applicant vs The State of Maharashtra & anr ..Respondents Mr.Rahul Arote for Applicant Mr.Amit Mane h/f Mr.S.P.Kadam for Respondent nos. 1 and 2 Mr.R.M.MOre APP for State CORAM: N.D.DESHPANDE, J DATE: 28th March,2011 ORAL JUDGMENT 1. Rule. Rule made returnable forthwith. Heard both sides. Criminal Application is decided finally at the stage of admission The original complainant is also present. Perused the affidavit already filed on record marked Exhibit A stating that as per the undertaking given to this court on 12.3.2010 the applicant has prayed for unconditional apology and published in the daily newspaper Free Press Journal dated - 2 - 171 19.4.2010, copy of which is filed on record. The applicant was held guilty under section 500 of IPC for the offence of defamation because of some defamatory pleading made in the 145 proceedings pending before the A.C.M.M.40th Court, Girgaum, Mumbai. 2. In the light of the above facts, following order would meet the ends of justice: The impugned judgment dated 10.2.2010 passed by the Special Judge Designated Court for BBC under TADA Act, 1987 Greater Bombay Judge in 264 of 2009 is quashed and set aside. The applicant-accused is hereby acquitted of the charge under section 500 of IPC. Revision Application is allowed and accordingly disposed with no order as to costs. (N.D.Deshpande,J) - 3 - 171