RAJ MANI CHAUHAN,J. - (1.) THIS petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the 'Code') has been filed by the accused petitioner Manjit Singh, CEO, 'Multi Screen Media Pvt. Ltd.', resident of 101-A, Friends Colony East, New Delhi, before this Court to invoke its inherent power for quashing the proceedings of complaint case No. 628 of 2010; Pramod Bajaj Vs. Manjit Singh and others, under Sections 499/500 I.P.C. pending in the court of learned Additional Chief Judicial Magistrate-V, Lucknow (hereinafter referred to as 'Magistrate') as well as for quashing the summoning order dated 18.07.2010 passed by the learned Magistrate in the complaint case referred above.
(2.) THE relevant facts giving rise to the present petition may be summarised as under:- One MSM Satellite (Singapore) Pvt. Ltd. (hereinafter referred to as ' Company) is a Company incorporated under the laws of Singapore and has its office in city Singapore. The company operates channel known as "Sony Entertainment Television". The different companies, producers and directors used to telecast their programmes on this channel as allowed by the company under agreement. The petitioner Manjit Singh is Chief Executive Officer (CEO) of "Multi Screen Media Pvt. Ltd". which is a corporate company registered in India under the Indian Companies Act and is exclusive distributor in India of the Channel owned by MSM Satellite (Singapore) Pvt. Ltd. One of the producers namely 'Optimistic Entertainment India Ltd'. is producer of a programme named "Crime Patrol" which was telecast on "Sony Entertainment Television". The petitioner being Chief Executive Officer of the Company 'Multi Screen Media Pvt Ltd' use to manage over all affairs of the company subject to the superintendence and control of the Board of the Directors of the Company. The producer of the "Crime Patrol" programme telecast its programme on 8th February 2010 at 8.30 P.M and 11.00 P.M. which as per allegation of opposite party No.2, Pramod Bajaj-the complainant was defamatory to him as well as his family members. The opposite party No.2 filed a complaint against petitioner and six others in the court of learned Magistrate with the allegation that he after seeking divorce from his first wife Renu on 31.05.2008 entered into remarriage with one Rakhi Gupta of Delhi on 28.12.2008. On the next date of marriage Rakhi Gupta as well as her brother Sumit Gupta sworn affidavit stating therein that opposite party No.2 had neither made any demand of dowry at the time of marriage nor they had given any kind of dowry to him. He on the next date of marriage i.e. 29.12.2008 took Rakhi Gupta to Mumbai where Rakhi Gupta disclosed him that she was a homosexual lady. She was not interested in marriage. She under the pressure of her parents had entered into marriage with him. She was so ill tempered lady, she misbehaved with his mother. She had dashed his mother, who had fallen down and sustained fracture injury on her hip. She had to be admitted in hospital and had to be operated. The complainant has further alleged that Rakhi Gupta later on with false and fabricated story lodged an FIR against him and his family members in Delhi. Consequently, he was arrested by the Delhi police in Lucknow and was taken to Delhi. When he was present at the Police Station in Delhi on 20.12.2009, Chitransh, a reporter along with so many persons reached there with T.V. Camera. His both the wives i.e. his first wife Renu and second wife Rakhi Gupta were present there at the police station. He pressurised him to give interview. Consequently, he on his pressure gave answers to three or four questions put by him. He was later on produced by the police before the learned Magistrate and thereafter he was released on bail by the order of Sessions Judge. His mother on 21.01.2010 wrote a letter of request to the petitioner, Manjit Singh and Chitransh, Reporter not to telecast any programme relating to the episode that had taken place at Delhi police station but they turned down her request, vide letter dated 05.02.2010. She again made a request to the petitioner, Manjit Singh and Chitransh, Reporter not to telecast any programme relating to the episode but her request again was turned down by them and the programme was telecast by the petitioner and other on 08.02.2010 at 8.30 P.M. and at 11.00 P.M. under the heading of "Crime Patrol" on "Sony Entertainment Television" which contained defamatory dialogues and pictures causing harm to the reputation of complainant and his family members. Both of his wives Renu and Rakhi Gupta had levelled false allegations against him for demand of dowry and putting them to harassment and torture etc. The complainant has alleged that he as well as his family members got badly defamed on account of telecast of above programme in which false allegations were levelled against him. His image had got lowered down in estimation of the people who had seen the programme on 'Sony Entertainment Television Channel' on 08.02.2010 under the heading "Crime Patrol"
(3.) THE learned Magistrate on the complaint of complainant recorded his statement under Section 200 of the Code and the statements of witnesses i.e. Dinesh Singh as PW-1 and Mahesh Prasad as PW-2 under Section 202 of the Code. He thereafter on the basis of statement of complainant and the statements of the witnesses found that there was, prima facie, evidence against the accused, namely, Manjit Singh, CEO, Chitransh (Reporter), and Mukund Lal Gaurav resident of Ajmer, Rajasthan in support of the commission of the offence under Section 500 I.P.C., consequently he by the impugned order dated 18.07.2010 summoned the accused which has given rise to the present petition.;