HC stays criminal proceedings against Prof SK Bhalla
Jammu Tawi, Feb 01: The High Court of Jammu and Kashmir on Monday has stayed the criminal proceedings pending before the Municipal Mobile Judicial Magistrate (Sub-Judge) Jammu against the social activist Prof S.K. Bhalla in a defamation case filed against him by Mr. Kamal Rohmetra.
A Bench presided over by Mr. Justice Dhiraj Singh Thakur after hearing the counsel Mr. Karan Sharma, Advocate for the petitioner on a petition filed under section 561-A of CrPC for quashing/setting aside Complaint 55/Comp titled Kamal Rohmetra vs Prof SK Bhalla under section 211 and 500 (b) of RPC and Subordinate Court's order dated 01.11.2016, passed an order issuing notice and staying the proceeding till next date of hearing.
Mr. Kamal Rohmetra, Editor Daily Excelsior, Jammu had filed a criminal complaint against Prof. SK Bhalla under Section 211 and 500 (b) before the Municipal Judicial Mobile Magistrate (Sub-Judge) for defaming him, his brother Neeraj Rohmetra and their publication Daily Excelsior by filing alleged frivolous complaint before the Crime Branch Jammu (CBJ) for alleged encroachment of land and for exaggerated circulation which was later closed by CB as ‘unproved.'
Following the criminal complaint, the magistrate's court had initiated proceedings against Prof. Bhalla who then approached the J&K High Court seeking quashment of the complaint and court proceedings. Bhalla's counsel had argued that the petitioner's complaint against the respondents was filed before a lawful authority and was covered under exemption category 8 of Section 499 RPC thus deserved to be quashed.
The HC has ordered the next listing of the case in the week commencing 20.02.2017. (newsjammukashmir)
