SANJAY GUPTA Vs. SIDHARTH MANHAS

JUDGEMENT

(1.) Through the medium of petition-in-hand, petitioner is seeking quashment of process issued by the Court of learned 3rd Additional Munsiff, Judicial Magistrate 1st Class, Jammu vide order dated 22.01.2011 in a complaint titled Sidharth Manhas v. Sanjay Gupta and others. It is contended that petitioner is Editor-in-Chief of daily newspaper "Dainik Jagran". In every State of India, there are separate Resident Editors, who are responsible for selection and publication of the news items, whereas the petitioner is only responsible for general policy of daily and various other publications of the said newspaper. It is further contended that for Jammu and Kashmir State, Mr. Abhimanyu Sharma is looking after the affairs of the publication, printing and editing and is also registered under the Press and Registration of Books Act, 1867. It is mentioned in every daily Edition that every news item published in the Edition, Mr. Abhimanyu Sharma, who is Editor of the newspaper, is responsible for the same.

(2.) Further, contention of the petitioner is that on 18th of December, 2010 a news was received by the reporter of the "Dainik Jagran" publication through Shri Arun Jamwal, SHO Police Station, Katra that a lady was abducted by three miscreants by stopping her Scooty and took her at Katra in a Hotel where father-in-law of said lady reached in the said Hotel by following the Car bearing registration No. JK02K-1205. After reaching, he inquired from the visitors registered and then found that a room was booked in the name of one Sanjay resident of Kishtwar. It is contended that said matter was reported by SHO, Police Station, Katra that father-in-law, namely, Darshan identified the accused persons and on the basis of information provided by the SHO, said news was published.

(3.) Sidharth Manhas (respondent herein) has filed complaint under Section 500 RPC before the Court of learned Chief Judicial Magistrate, Jammu which was transferred to the Court of learned 3rd Additional Munsiff, JMIC, Jammu It is contended in the complaint that he received a call from one of his friends that a news item has been published in the newspaper "Dainik Jagran" wherein it is stated that a married lady of Miran Sahib has been kidnapped by three youths and has been recovered from a Hotel in Katra by the father-in-law of the kidnapped lady and it is also stated that the father-in-law of the kidnapped lady also thrashed one Sidarth Manhas alias Tinku involved in the kidnapping. On hearing this, respondent was shocked and has filed a complaint under Section 500 RPC before the trial Court, who after hearing issued process in the Complaint against the accused persons vide order dated 22.01.2011.