- (1.) This is an application under Section 401 read with Section 397 of the Code of Criminal Procedure, 1973 seeking to set aside the impugned order dated 14.11.2014 passed by the Learned Judicial Magistrate, 10th Court, Alipore in complaint Case No.AC-2711 of 2014 whereby he dismissed the complaint filed by the present petitioner under Section 203 of the Cr.P.C.
(2.) Mr.Devajyoti Barman, Learned Advocate, appearing for the petitioner submitted that the petitioner is a Software Engineer and he is now employed at Bengaluru and he has been implicated in a case under Section 498A/406 IPC by his wife Smt Malancha Mukherjee being Shyampukur P.S. Case No.161 of 2013. On the very date of lodging of the complaint, the O.P. No.2, 3 and 4 have aired a news item in their Television Channel namely ABP Ananda on 01.08.2013 and again on 02.08.2013 spreading false propaganda about the petitioner in relation to his marital discord with his wife. Such news item is false, frivolous and vexus and with a view to causing damage by way of defamation to the image and reputation of the petitioner. Being aggrieved by the conduct of the O.P. No.2, 3 and 4 the petitioner filed a complaint case in the court of Learned Magistrate, 10th Court, Alipore, who after recording the SA of the complainant was pleased to dismiss the complaint under Section 203 of the Cr.P.C. and hence the present Revision.
(3.) Mr. Barman, further submitted that the Learned Magistrate was wrong in holding that no further witness was examined although the list of witnesses was mentioned in the very petition of complaint but he did not give any opportunity to adduce those witnesses. He also did not consider that the said O.P.s. went beyond the contents of the FIR and falsely represented that the petitioner was absconding.;