Bombay High Court High Court

Balkrishna Narayant Gurav & Ors vs State Of Maharshtra & Anr on 1 December, 2009

Bombay High Court
Balkrishna Narayant Gurav & Ors vs State Of Maharshtra & Anr on 1 December, 2009
Bench: D.G. Karnik
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                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY 




                                                                                                  
                                             CRIMINAL APPELLATE JURISDICTION




                                                                          
                                CRIMINAL WRIT PETITION NO. 386 OF 2009


           Balkrishna Narayant Gurav & Ors.                                        .. Petitioners




                                                                         
                    V/s
           State of Maharshtra & Anr.                                              .. Respondents




                                                                
           Mr. S.V. Marwadi i/b Vaibhav & Associates for the petitioners.
           Mr. A.P. Bagwe for respondent no.2. 
           Mr. S.N. Gawade, A.P.P. for the State.
                                              
                                                                 CORAM :  D.G. KARNIK, J.
                                                                 DATE     :  1ST DECEMBER 2009
                  

           ORAL ORDER :
               



1. By this writ petition, the petitioner prays for quashing of the

complaint (criminal summary case no. 199 of 2007) pending in the Court

of Judicial Magistrate, First Class, Lanja.

2. The respondent no.2 claims to be a social worker and a former

sarpanch of a village panchayat. A news item appeared in the

newspaper “Konkan Garjana” on 28th January 2005 making several

imputations about the alleged misconduct of the respondent no.2. The

respondent no.2 has alleged that pamphlets were published and

distributed by the petitioners in the village containing similar defamatory

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allegations against him. According to him, the contents of the news item

and the pamphlets are per se defamatory. He therefore filed a criminal

complaint against the petitioners.

3. Learned counsel for the petitioners submitted that whatever has

been stated about the respondent no.2 and his conduct is true and “truth”

is his defence. He further submitted that the case of the petitioners fall

within the eighth exception to section 499 of the I.P.C. Eighth exception

says that it is not defamation to prefer in good faith an accusation against

any person to any of those who have lawful authority over that person

with respect to the subject matter of accusation. Publication of a news

item in a newspaper and distribution of the pamphlets, if proved, would

not prima facie amount to making of an accusation to the persons who

have lawful authority over the respondent no.2. In any event, under

section 105 of the Evidence Act, the burden of proving that the

petitioners fall under the eighth exception to section 499 of I.P.C. or any

other exception as provided under the I.P.C., lies on the petitioners. That

burden would be required to be discharged by them at the trial and the

complaint cannot be quashed at the stage of institution itself.

4. Learned counsel for the petitioners then submitted that the

respondent no.2 has also filed a civil suit for damages against the

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petitioners. In my view, that cannot be a ground for quashing the

complaint. Defamation being both a civil wrong and a criminal offence,

both the proceedings can be initiated simultaneously.

5. For these reasons, there is no merit in the writ petition which is

hereby dismissed summarily.

(D.G. KARNIK, J.)
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