- (1.) One news item was published in newspaper Rastriya Sahara on 27.11.2013 regarding proceedings of complaint case filed against the applicant in District Fatehgarh Sahib, Punjab, in which court of A.C.J.M, Fatehgarh Sahib had issued warrant for prosecution of applicant under Section 138 N.I. Act. Said warrant was recalled, when applicant surrendered in court of Fatehgarh Sahib and he was enlarged on bail. But news item of issuance of said process against the applicant was published in news paper. Applicant felt aggrieved by said news item and filed complaint case against persons responsible for news item including Editor and Chief Editor of newspaper.
(2.) After considering evidences under Sections 200 and 202 Cr.P.C. The trial court (J.M.-III, Gorakhpur) had dismissed the complaint case on 22.2.2014 under Section 203 Cr.P.C. with observation that publication of correct facts regarding proceedings of court cannot be treated as defamation. Against the order dated 22.2.2014, Criminal Revision no. 509 of 2014 (Vijay Prakash Vs. State of U.P. & Others) was preferred. Said revisional court had afforded opportunity of hearing and held that publication of correct facts regarding proceeding of Court is not defamation, so there is no error or illegality in order dated 22.09.2014 of trial Court. With these findings the revisional court had dismissed the said revision. Challenging said orders of trial court and lower revisional court present application u/s 482 Cr.P.C. has been preferred.
(3.) Learned counsel for the applicant contended that at the time of publication of news item in said newspaper the warrant was already recalled against the applicant, therefore said news item was defamatory. This contention was refuted by learned AGA.;