- (1.) The present group of appeals is directed against the final common judgment and order dated 29.4.2011 passed by the High Court of Judicature of Andhra Pradesh at Hyderabad in Criminal Petition No. 1638 of 2008 and batch matters whereby, the High Court dismissed all the criminal petitions except Criminal Petition No. 7592 of 2007, which were filed against the order of summoning in various complaints filed by the Government of Andhra Pradesh on behalf of the second respondent. The following table would be apposite to clarify which appeal is filed against which criminal petition/complaint case:- 156705-1
(2.) Brief facts of the case are stated hereunder: A news item on various dates in the year 2007, allegedly making false implication against the second respondent-Rajiv Trivedi, Additional Commissioner of Police (Crimes and SIT), Hyderabad, Andhra Pradesh, with regard to the Sohrabuddin encounter case was published by the appellants in the respective publications and was telecast on CNN-IBN. A representation was given by the second-respondent to the Andhra Pradesh State Government seeking previous sanction under Section 199(4)(b) of the Code of Criminal Procedure (in short 'Cr.P.C.') for prosecution of the appellants for offences punishable under the provisions referred to supra. Accordingly, the previous sanction was accorded by the State Government vide G.O. Rt. Nos. 6581, 6582, 6583 and 6580 dated 27.10.2007 in favour of the second respondent permitting him to file complaints against the appellants through the State Public Prosecutor before the appropriate court of law against the individuals connected with electronic and print media as hereinbelow: a) Siyasat Urdu Daily: Sri Latif Mohammad Khan b) CNN-IBN English News Channel c) Rajasthan Patrika (Jaipur) Hindi daily d) The Deccan Chronicle English Daily e) The Etemaad Urdu Daily (points (a)-(e) are hereinafter referred to as 'individual print and electronic media')
(3.) One of the above mentioned news items which was telecast on CNN-IBN English News channel under the caption "30 minutes- Sohrabuddin the Inside Story" on 13.5.2007 at 1730 hours, which is subject matter of CC No. 1 of 2008, is extracted hereunder for our examination:- "Police sources say Vanjara and Pandian nabbed Kousarbai in Bidar with help from S.P. Rajiv Trivedi of the Hyderabad Special Investigation Unit Rajiv Trivedi provided cars with fake number plates in which Sohrabuddin was brought to Ahmedabad and then killed in a fake encounter.";