BARUN SENGUPTA Vs. SHIBA PRASAD MUKHOPADHAY

JUDGEMENT

(1.) This rule was issued for quashing the proceedings of C.R. Case No. 501 of 1987 pending disposal before the learned S.D.J.M., Hooghly, Sadar when cognizance was taken for allegedly committing an offence under section 500 of the Indian Penal Code.

(2.) I shall now set out the background in which the litigation was launched. The complainant has an illustrious social career who is an active member of the Communist Party of India (Marxist). He is also the Sabhadhipati of the Hooghly Zilla Parishad. He has, apart from his illustrious career, commendable performance as such in social welfare.

(3.) It is notorious that the editor, printer and publisher of the Bartaman Patrika published a news item on 24th of August, 1987, in the third column at page 3 of it about the infliction of torture by the complainant armed with a large number of persons on a Congress supporter who was constrained to leave the place of abode. The news impugned, according to the complainant, were but scurrilous rumours given currency to commit an assault on the reputation of the complainant. It was an assassination of character without any truth behind it.