Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 500 & 501---Criminal Procedure Code (V of 1898), S.198-A---Defamation---Complainant being Medical specialist and civil servant serving as Medical Superintendent in Tehsil Headquarter Hospital had filed a complaint against the accused alleging that the material published by him in the newspaper amounted to defamation---Trial Court, after getting preliminary inquiry report conducted by police summoned the accused and after hearing arguments of parties dismissed the complaint---Validity---Record showed that Assistant Commissioner carried out inspection of the hospital on the complaint of local Member of Provincial Assembly---Accused had reported in the newspaper disclosing certain facts about irregularities in the hospital, non-availability of some instruments and other articles valuing in million of rupees donated by some foreign Non-Government Organization---Complainant had neither filed any complaint against Assistant Commissioner nor against the Member of Provincial Assembly---Complaint was filed against the local journalist, who only reported the matter in the newspaper---Allegation leveled in the complaint under Ss. 500 & 501 Penal Code, 1860 were not attracted and applicable, as the accused had performed his duty by reporting a raid conducted by Assistant Commissioner on the direction of Member of Provincial Assembly---Member of Provincial Assembly being people's representative had complained about some irregularities, mismanagement and misuse of public funds in the hospital---No case of defamation had been made out as the very element of "mens rea" which was essential element for defamation, was missing---Nothing on record, which had allegedly lowered down the reputation of complainant, even no name of complainant had been given in the news item---Fundamental Rights had been protected for expression and freedom of press---Circumstances established that no prima facie case under Ss.500 & 501 Penal Code, 1860 had been made out---Impugned order did not call for any interference---Petition was dismissed accordingly. Abdul Wahab Khan v. Muhammad Nawaz and 7 others 2000 SCMR 1904; 1996 PCr.LJ 1615 and 1996 PCr.LJ…

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