VIVEK SHARMA Vs. EARLY TIMES
HIGH COURT OF JAMMU AND KASHMIR
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(1.) The petitioner is an accredited journalist with Directorate of Information J. & K. He happened to come across an editorial in 'Early Times Newspaper' of its issue dated 17th of July 2005 containing the following statement : -
"There is no dearth of newspapers in the State and journalists are available dime a dozen. So how do we differ vis-a-vis our new "Avtaar'."
(2.) The respondent is claimed to be author of the editorial. Feeling deeply pained and injured the petitioner filed a criminal complaint against the respondent, alleging the statement to be defamatory seeking his trial for commission of the offences under Sections 500, 501 and 502, RPC. Learned Special Excise Mobile Magistrate has without issuing process to the accused dismissed the complaint under Section 203, Cr.P.C. by his order-dated 15-9-2005. Hence the complainant has filed this petition for invoking revisional jurisdiction.
(3.) I have heard the learned counsel for the parties and perused the record.;
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