SUSHIL CHOWDHURY Vs. HEMENDRA DEB NATH

JUDGEMENT

(1.) Heard Mr A.K.Bhowmik, learned senior counsel for the petitioner. Also heard Mr D. Sarkar, learned Public Prosecutor for the respondent No. 2 and Mr R.C. Debnath, learned counsel for the respondent No. 1.

(2.) By this petition under Section 482 of the Code of Criminal Procedure, the petitioner has sought for quashing the entire criminal case pending against him in Case No. C.R. 201 of 2002 before the Court of learned Sub-Divisional Judicial Magistrate, Sabroom, South Tripura. He also assailed the order of taking cognizance.

(3.) The facts relevant to decide the case is summarised as below :- One Shri Hemendra Debnath instituted a complaint case against the present petitioner alleging, inter alia, that the petitioner being the owner-cum-editor of 'Dainik Ganadut', a daily local newspaper, carried/published a news item in its issue dated 19.7.2002 under the caption "Tripurar Bartaman Communist Mantri Savar Aro Ek Mantri Ebare Nari Kelenekarite Jarie Mantritwa Khoate Basechen (More one Minister of the present Communist Party of Tripura is going to lose the ministry due to involvement in woman scandal)". The news item under the aforesaid caption imputed the reputation of Shri Jitendra Chowdhury, a Minister of the State of Tripura, In-charge of the Department of I.C.A.T., Rural Development etc. In paragraph 4 of the complaint petition, it is alleged that having gone through the aforesaid news item, the complaint felt mentally hurt as the owner-cum-editor of the said local daily with ill motive defamed and malign the 'prestige and dignity' of the Minister concerned and lowered down his "prestige and position" as well as the "prestige and dignity" of the C.P.I.(M) party in the eyes of the people in general.