N.K.Bhattacharyya, J. - (1.) By this revision, the petitioner has prayed for quashing of the proceeding in C Case No. 1188 of 1993 pending before the court of learned Chief Judicial Magistrate, Alipore.
(2.) Upon a petition of complaint by opposite party No. 1 herein the learned Chief Judicial Magistrate, Airport, took cognizence of an offence against the petitioner herein by his order No. 1 dated 1.12.93.
(3.) The gravement of the opposite party was, in his petition of complaint, that the petitioner herein was the chief of bureau of Deutsche Press Agency, which was a private organisation, having its office, amongst other places, at 39 Golflinks, New Delhi. The Deutsche Press Agency is having its registered office at Mittlewg D-20148 Hamburg, and the petitioner, accused No. 1, has a branch office in India. The petitioner was engaged in collecting and disseminating the news all over the world for publication in the various newspaper being published in India and abroad by various news-papers. Complaint was also made against one K. P. K. Kutty, the Chef Editor and General Manager of United News of India, which is a news agency, member correspondent of Deutsche Press Agency. The petitioner herein is the Chief of the Bureau and the said Mr. Kutty was the Chief Editor and General Manager of the U.N.I. The further allegation in the petition of complaint was that the petitioner, accused No. 1 circulated a report carrying Dateline 'Berline June 24, 1993' to the Indian Newspapers and News Agencies stating, inter alia, that the "three Indian businessmen have been arrested on suspicious of irregularities in connection with an East German Fibre Firm which they bought from TREUHANDANST ACT, Privatisation Agency, Berlin Police said on Thursday. The police spokesman identified the three men as the brothers Sanjoy end Anurag Dahmia and Aspy Mehta. A warrant for their arrest has been issued.";