Chira Ranjan Biswas vs State of West Bengal and others

Joymalya Bagchi, J. - Order dated 13.06.2013 passed by the learned Metropolitan Magistrate, 12th Court, Calcutta in Case No.C- 23824 of 2011 dismissing the petition of complaint under Section 500/504/20B/34 of the Indian Penal Code has been assailed.

The prosecution case as alleged against the opposite parties is to the effect that the complainant is an employee of Food Corporation of India. The opposite parties/accused persons had despatched a "confidential" letter to the complainant calling upon the latter to attend a hearing fixed before the General Manager of the Corporation on a date stipulated therein. Subsequently, such letter was also pasted on the outer door of the residence.

According to the complainant, pasting of such letter is contrary to the service rules and such letter being titled "confidential" ought not to have been pasted on the outer door of the residence of the complainant which was open to public view and thereby the complainant was defamed and suffered loss of reputation.

Learned Magistrate after perusing the complaint and the solemn affirmation of the complainant was pleased to dismiss the complaint, hence, the revision petition.

Learned counsel appearing for the petitioner submits that the letter being titled "confidential" ought not to have been pasted on the outer door of the residence of the complainant/petitioner giving it wide publicity to his prejudice. Such publication of a confidential letter per se amounts to defamation. He further argues that such form of communication of official and confidential correspondence was contrary to the service rules and therefore, constituted the offence of defamation and the learned Magistrate acted illegally in dismissing the complaint in the facts of the case. Hence, the impugned order requires to be set aside.

Learned counsel appearing for the opposite parties submits that mere perusal of the letter in question would show that there was no defamatory imputation therein. The said correspondence was sought to be communicated to the petitioner by registered post with acknowledgement due card and also by pasting it upon the outer door of the residence of the complainant. The service rules permit communication of orders/notices through publication in local/regional newspapers, hence passing of the notice on the outer door cannot be said to be in violation of the service rules far less constituting an offence of defamation.

I perused the impugned order and the petition of complaint including the confidential letter which is the subject matter of defamation. The letter is merely a notice calling upon the complainant to attend a hearing before the General Manager, FCI, West Bengal. I fail to understand that which part of the said impugned letter contains defamatory imputation against the petitioner. Merely pasting of a letter titled "confidential" in my considered opinion does not amount to publication of a defamatory imputation in absence of any such imputation in the said communication. That apart, I find that the pasting of the letter by the opposite parties was in discharge of their official duties in order to ensure due communication the date of hearing to the petitioner and not for the purpose of lowering his estimation in the eyes of the people.

Learned counsel has relied upon in 1986 Cri. L. J. 2002. In the said report the Court had held that intention of the accused person is not a relevant consideration at the time of considering the prayer for quashing of a complaint of defamation. He has also relied upon 1971 Cri. L. J. 1110 wherein the Apex Court held that the question whether the defamatory imputation fell within one of the exceptions to Section 499 of the Indian Penal Code cannot be considered at this preliminary stage.

As I am of the view that the alleged publication does not contain any defamatory imputation, the ratios of the aforesaid authorities are of no help to the petitioner.

For the aforesaid reasons, I do not any merit in the instant petition.

Accordingly, the revision petition is dismissed.