- (1.) Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure,1973 (for short 'Cr.P.C.') seeking quashing of criminal complaint No. 247-1C of 2003 dated 13.9.2003 (Annexure P1) and summoning order dated 23.2.2004 (Annexure P3) alongwith all consequential proceedings arising therefrom.
(2.) Learned counsel for the petitioner has submitted that the petitioner was the Chairman, Publisher and Printer of the newspaper, namely, 'Dainik Bhaskar'. Petitioner could not be prosecuted for the publication in the newspaper as in this regard the Editors working in the area were controlling the publication of the newspaper. In similar circumstances, the complaints against the petitioner under Sections 499, 500, 506 of the Indian Penal Code ('IPC' for short) were quashed qua the petitioner. In this regard, learned counsel has placed reliance on the order dated 1.4.2010 passed in Crl. Misc. No. 14177-M of 2009 (Annexure P4), orders passed in Crl. Misc. No.M- 30154 of 2010 decided on 22.12.2011 and Crl. Misc. No.M- 30155 of 2010 decided on 23.8.2012 .
(3.) Learned counsel for the respondent No.2, on the other hand, has submitted that the specific allegations have been levelled against the petitioner in the complaint. Hence, the criminal proceedings against the petitioner were liable to continue. After hearing the learned counsel for the parties, I am of the opinion that the present petition deserves to be allowed.;