S.Barman Ray, J. - (1.) S. Barman Ray, J.-By this application under section 482 of the Code of Criminal Procedure, petitioner has prayed for quashing the cognizance taken and the process issued upon it by the learned Metropolitan Magistrate 15th Court under section 500/34 IPC in complaint case No. 3859/1998. By this application under section 482 of the Code of Criminal Procedure, petitioner has prayed for quashing the cognizance taken and the process issued upon it by the learned Metropolitan Magistrate 15th Court under section 500/34 IPC in complaint case No. 3859/1998.
(2.) The case in brief is that the petitioner Zee telefilms Limited is a company incorporated under the provisions of the Companies Act, 1956. The Company is engaged in the business of production and procurement of films, tele-serials programmes in news and current affairs etc. and telecast the same in various channels of Zee net-work, namely, Zee TV, Zee news and Zee cinema, all owned and managed by the Asia Today Limited, a company incorporated in Mauritius. Petitioner Company entered into a contractual agreement with the said Asia Today Limited to supply it with various programmes to telecast the same on the said channels.
(3.) Further case of the petitioner is that management of the petitioner Company is carried on by the Board of Directors of the Petitioner Company. On or about May, 31, 1999 Petitioner Company was served with summons issued by the said Court in connection with complaint case No. 3859/98 under section 500/34 IPC Said complaint case was instituted against the petitioner and others on the basis of a complaint lodged by O.P. No.1 M/s. Sahara India Commercial Corporation Limited, a Public Limited Company and Opposite Party No.2 Ashim Bhowmick being a Manager (Finance) of Opposite Party No.1. On the basis of the complaint learned Magistrate took cognizance of the offence under section 500/34 IPC and issued summons upon the petitioner company and others. It has been, inter alia, alleged in the said complaint that a verification campaign of libel/slander has been unleashed by the petitioner company and others against the complainant. As a part of the said slanderous campaign a programme called "verdict-98" was telecast on 13.10.98 and 14.10.98 on Zee India Television Channel. By telecasting the said "verdict-98" programme based on "utter falsehood, half-truth, suppression of truth and mis-representation," complainant group of the companies was defamed "in every possible way". Further details of facts are not necessary for disposal of this application.;