JAYANTA BARUAH S/O SRI DEBANANDA BARUAHAND AND ANOTHER Vs. AJIT SINGH S/O LT. JYOTISH PRASAD SINGH
HIGH COURT OF GAUHATI
Jayanta Baruah S/O Sri Debananda Baruahand And Another
Ajit Singh S/O Lt. Jyotish Prasad Singh
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MIR ALFAZ ALI,J. -
(1.) By this application under section 482 CrPC, 1973 the petitioners have prayed for setting aside the orders dated 22/06/2011 passed by the learned Judicial Magistrate, Sonitpur, Tezpur, in CR Case No. 171/2011, whereby the learned Magistrate took cognizance and issued process against the petitioners as well as the order dated 16/11/2011, whereby the learned Magistrate refused to recall the process issued against the petitioners and for quashing the criminal proceedings in CR Case No. 171/2011.
(2.) Heard Mr. P. Kataki, learned counsel for the petitioners and Mr. DK Medhi for the respondent.
(3.) The respondent lodged a complaint before the Magistrate under section 500 IPC read with section 34 of the IPC against five persons including the present petitioners, who have been arrayed as accused No. 3 and 5. The complainant alleged in a complaint that the Assamese Daily newspaper "Asomiya Pratidin" published a news item titled "Bihalit arakkhir sahajugate bhu-mafiar doratmya" in its issue dated 02-12-2010. It was alleged in the complaint, that such news item lowered the reputation of the complainant in the eyes of his well-wishers, friends, relatives and general people of the area, where he permanently resides. Accused No. 1 is the company which publishes the newspaper, the accused No. 2, 3 and 4 have been arrayed as chief editor, editor and executive editor respectively and accused No. 5 has been arrayed as publisher of the newspaper. On the basis of the said complaint, learned Magistrate took cognizance and issued process against all the accused persons named in the complaint.;
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