Laxman Singh and others vs Km. Mukta Mehra

Hon''ble Servesh Kumar Gupta, J.—Mr. Lalit Sharma, Advocate for the petitioners is present while none turns up on behalf of the respondent despite appearance of name of her counsel in the list.

By way of this petition, a prayer has been made to quash the entire proceedings of Complaint Case No. 1262 of 2008 titled as Mukta Mehra Vs. Laxman Singh and others pending in the court of Additional Chief Judicial Magistrate, Haldwani, Nainital. It has also been prayed to quash the order of cognizance dated 30.07.2008 passed in the said complaint asking all the 18 petitioners to stand trial for the offence u/s 500 IPC. This complaint was filed by Mukta Mehra, who alleged herself to be a reporter of Jain TV against 18 prospective accused / petitioners. This Court has been apprised that all the 18 petitioners are either close relatives or neigbhours of Mukta Mehra. She avers to be a literate and social lady, who remains indulged to fight against injustice in society. This assertive attitude of Mukta Mehra is disliked not only by her relatives but also her by neighbours so they made a complaint to the Chief Minister, Uttarakhand raising several allegations against her. Copy of the said complaint was also addressed to various police officers and executive officers. This complaint was sent by almost all the petitioners, which includes Pradhan of the village as well as the members of Panchayat.

An inquiry was conducted by Circle Officer, Haldwani, who submitted a report on 18.12.2007 verifying that some dispute is existing between petitioners and Mukta Mehra because of sharp assertive attitude of Mukta Mehra. Circle Officer, Haldwani has also mentioned that this lady has some dispute regarding ancestral land with her father and mother and other relatives, who wants to divest her from the land. This fact finds support with Annexure No. 3 of the counter affidavit filed by Mukta Mehra. This Annexure No. 3 is certified copy of the order passed by Assistant Collector, Haldwani regarding land measuring 0.505 hectares, Khata No. 148. The injunction order was passed in revenue case no. 22/428 year 2006-07 u/s 229 of the ZA&LR Act in favour of the lady Miss Mukta Mehra.

It has also been contended on behalf of petitioners that complainant Mukta Mehra is so cantankerous lady that she once filed complaint against her own father and mother, copy of which is Annexure No. 3 to the petition. In that complaint, father surrendered in the court and got himself released on bail, however, later on, he was discharged u/s 245(2) Cr.P.C. by the court. Copy of bail order as well as order of discharge is Annexure Nos. 4 and 5 to the petition.

Learned counsel for the petitioners has argued that sole basis of complaint lodged by Mukta Mehra for the offence u/s 499 IPC is letter (complaint) sent by all the villagers on 29.09.2007 to the Chief Minister regarding attitude and conduct of this lady. All the villagers in order to save their own skin from the nuisance of Mukta Mehra sent a letter to Administration and Superintendent of Police because she was threatening to implicate them in false cases. Their intention was never to make any defamation to the reputation of Mukta Mehra. All the same the letter was not open for reading to the general public at large, so this way offence u/s 499 IPC is not made out and whatever was written in the letter is covered under ninth exception to Section 499 IPC, which reads as under:

Ninth Exception - Imputation made in good faith by person for protection of his or other''s interests. - It is not defamation to make an imputation on the character of another provided that the imputation be made in good faith for the protection of the interests of the person making it, or of any other person, or for the public good.

Having heard learned counsel for the petitioners as well as going through the contents of impugned complaint, this Court is of the view that complaint filed by Mukta Mehra is malicious one with a view to exert pressure upon her relatives and neigbhours to keep them silent against her any unsocial activities. However, pendency of the revenue case regarding property as aforementioned is another aspect and the redress of the same cannot be found by way of filing impugned complaint.

Having panoptic view as above, the petition deserves to be allowed. The petition is, accordingly, allowed. Complaint case no. 1262 of 2008 titled as Mukta Mehra Vs. Laxman Singh and others pending in the court of Additional Chief Judicial Magistrate, Haldwani, Nainital as well as order of cognizance dated 30.07.2008 are hereby quashed.