Anantha Goundan And Another Petitioners-Accused v. Emperor

1. Though there was-an irregularity in the charge in so far as it stains that the defamatiou was of the complainant, the husband, and not of the wife, this is an error or irregularity, in the charge which did not prejudice the accused or occasion a failure of justice. Having regard to explanation [to S. 499 of the Indian Penal Gode, we think that the husband is a person aggrieved within the meaning of S. 198 of the Criminal Procedure Code in a case in which the imputation of anchastity is made and published in respect of his wife. Following the decision of this Court in Ohellam Naidu v. Ramasami (1) and of the High Court of Bombay in Chhotalal Lallubhai v. Nathabhai Bechar (2) we dismiss the petition.