- (1.) In the present application, the petitioners have prayed for quashing of proceeding being Case No. C-241/2003 under Section 500 of the Indian Penal Code pending in the Court of learned Metropolitan Magistrate, 3rd Court, Calcutta.
(2.) The aforesaid proceeding was initiated on the basis of a complaint lodged by the present opposite party No. 2. In the petition of complaint, it was alleged that against the promulgation of the Ordinance, by which the rates of Court fees were enhanced, the Bar Council of W.B. started movement against such enhancement of Court fees and asked the practising lawyers for abstaining themselves from attending Courts. When the lawyers were observing "Cease Work", a news item was published in the editorial column of the Daily Bengali Newspaper Ananda Bazar Patrika on 23.11.2002, in which the characters of the lawyers in this country was scandalised. The defamatory publication dated 23.11.02 under the heading "Kaje Jog din" is as follows:- JUDGEMENT_84_CALLJ1_2005Image1.jpg
(3.) It was alleged in the complaint that the accused No. 2 being the editor of accused No. 1 published the scandalous statements concerning lawyers of the country with the full knowledge that such imputation shall cause harm to the reputation of the lawyers and as such the accused/petitioner No. 2 being the Editor of the accused No. 1 has committed an offence punishable under Section 500 l.P.C.;