JUDGEMENT
Sanjay Karol, J. -
(1.)Petitioner, who is a retired Government employee, lays challenge to the order of process issued by the Court having competent jurisdiction at Agartala, with respect to a private complaint relating to defamation by respondent, Vinod Kumar Bahuguna, who is also a Government employee. The challenge primarily is on the ground of jurisdictional issue as also the complaint based on false and incorrect averments.
It is also brought to the notice of the Court that without complying the procedure, vide order dtd. 7/11/2016, the competent Court, i.e. the Chief Judicial Magistrate, West Tripura, Agartala, issued the warrant of arrest against the present petitioner namely, T.J. S Chawla.
The said order reads as under:
"Case No. CR 337 of 2014
07/11/2016 Ld. Counsel for the complainant is present.
Perused the order dtd. 3/11/2016.
(2.)It is found that in the order dtd. 3/11/2016 it has been observed by my predecessor that the summon has returned unserved with report. I have perused the report of the summons issued upon Mr. T.J.S Chawala.
(3.)The report reveals that all best efforts were made to serve the summon but the accused remained untraced. Sri T.J.S Chawala is not residing at the given address and local inquires were conducted to ascertain any clue but his whereabout remain unknown. Considered the report.
Ld. Counsel for the complainant prayed to issue warrant of arrest against the accused person.
I find that this is a case which has been instituted during the year 2014 and is presently pending for the appearance of the accused person before the Court.
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.