Criminal Procedure Code, 1973
Section 482—Quashing of proceedings—Prayer for—Case registered under Sections 120B and 500 read with Section 34 of IPC—Complainant alleges that statements in counter affidavit were defamatory and were made with intention of defaming the complainant—If the pleadings filed in a court contain a defamatory statement, it amounts to publication—Question as to whether statement which is the subject matter of a complaint falls in any of the exceptions to Section 499 IPC is a matter which cannot be decided in a proceeding under Section 482 of CrPC—To establish the ingredients of the exceptions to Section 499 of IPC, an appreciation of the evidence is to be made and same can only be done after examining the materials adduced by either party after the trial—Further contention for petitioner is to the effect that it was a general statement without specifically naming the first respondent—Prima facie statements appears to be aimed at the plaintiff—It is a matter to be finally decided by the trial court after considering the evidence to be adduced in this regard—Issues sought to be resolved in present petition are beyond the scope of a proceeding under Section 482 of CrPC as evidently these are the question which can only be decided in a trial—Petition dismissed.
[Paras 7 to 11]