Excelsior Correspondent
Srinagar, July 20 : High Court has set aside the order of the trial court whereby cognizance was taken in a complaint and recorded that the trial court while issuing the process in the complaint has failed to exercise its jurisdiction.
The Criminal Revision Petition was filed against an order passed by the Sub Judge, Special Mobile Magistrate whereby cognizance under Section 499/500 RPC (defaming by using abusive language) was taken by the Magistrate on the complaint alleging therein that abusive language was used by the petitioner-accused against the complainant resulting into disgrace and lower down his esteem and process issued against the petitioner-accused for appearance before the court.
Justice V C Koul while setting aside the order of cognizance of the Special Mobile Magistrate also dismissed the complaint which was pending before the trial court by observing that the trial court appears to have issued the process without going through the provisions of Section 499 RPC and without satisfying itself whether the allegations made in the complaint and in the statement would amount to a defamation or not.
The trial court, Justice Koul said, while taking cognizance of the complaint and issuing process has failed to exercise its jurisdiction in accordance with law. “One of the allegations is regarding the abuses that would amount to an offence under the provisions of Penal Code other than the provisions of Section 499 RPC and in such a situation when the ingredients of Section 499 RPC are not satisfied by the complainant and his witnesses taking cognizance and issuing process would amount to abuse of process of law”, reads the judgment.
“Accordingly, the revision petition is allowed, the order impugned is set aside and the complaint is dismissed. A copy of this order be sent to the trial Magistrate along with record for consigning the same to the records”, Justice Koul directed.
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