Law: Penal Code (XLV of 1860)

Section: 499,500

Penal Code (XLV of 1860)---Ss. 499 & 500-Defamation Complaint as counter-blast to suit filed by accused and lodged after inordinate delay (10 months)-Prosecutiox not warranted.   Penal Code (XLV of 1860)-----Ss. 499 & 500-Defamation "Publishes" in S. 499 Publication of imputation necessary ingredient to offence of defamation-Alleged libellous communica tion made only to person whose character attacked and contained in letter sent to him by registered post Acknowledgement Due-Mere fact that due to his own negligence content perused by other inquisitive busy-bodies-Cannot expose writer of letter to allegation of having published letter.   Queen-Empress v. Taki Husain I L R 7 All. 205 ref.   Penal Code (XLV of 1860)-------Ss. 499 & 500-Defamation Complaint by aggrieved person necessary-Defamation alleged to be of son-Father not competent to lodge complaint-Criminal Procedure Code (V of 1898), S. 198.   Penal Code (XLV of 1860)-----Ss. 499, Eighth exception & 500-Accusation made in good faith to father of person whose character attacked-Case covered by Eighth Exception to S. 499. Date of hearing : 30th August 1965.   JUDGMENT   This Criminal Revision Application is directed against the order of Mr. Hamza Khan M. Qureshi, Additional Sessions Judge, Tharparkar at Sanghar, dated 9th August 1964 allowing the opponent No. 2's Criminal Revision Application No. 41/63 and setting aside the previous discharge order dated 2-5-1964 of Mr. E114! Bux N. Lashari, Mukhtiarkar and F.C.M., Shahdadpur whereby the latter had dismissed the private complaint under section 500, P. P. C. filed by the respondent No. 2 against the present applicant.   I have heard Mr. Ahmad Saeed the leaned Advocate appearing on behalf of theapplicant in this matter and Mr. A. R. Kazi appearing on behalf of the State. The opponent No. 2 Mr. Ghulam Mustafa as well as his Advocate Mr. Ramchand were called out more than once but neither was present. Nor had Mr. Ramchand Advocate sent any message to my Reader of his being engaged in some other Court and hence being unable to attend the hearing of this matter in my Court today.   The facts…