K. S. Sidhu, J. - (1.) The two petitions listed above filed under section 482 Cr. P. C. arise out of two complaints under section 500 I. P. C. pending before two different judicial magistrates, one in the district of Ajmer and the other in Bharatpur. Besides the Secretary, National Council of Educational Research and Training. New Delhi (for short the N. C. E. R. T.), all other petitioners 24 in number including Principal Wanchoo, a Professor and several Readers were members of the Faculty of Regional College of Education, Ajmer, at the material time. The complainant in one case is P. D. Bhatnagar who was himself a Professor in the same college. The complainant in the second case is Shiv Kumar who was a Junior Research Fellow in the said College at the relevant time.
(2.) P. D. Bhatnagar filed his complaint on the allegations that there were serious differences between him and the petitioners relating to discipline and other College affairs creating bad blood on both sides. Giving instances of matters which created the differences, he mentioned that he did not approve of hosting of drink parties and taking of alcoholic drinks by some of the petitioners at the campus of the college. He had also differences with the petitioners over what he described as bungling in internal assessment and arbitrary stoppage of scholarships of the students. In August, 1977, the students of the college went on a strike. Shri Nathu Singb, a Member of Parliament and Shri Onkar Singh Lakhawat, a lawyer member of the Janta Party visited the college and tried to sort out these problems. The petitioners and some other members of the Faculty published a date wise account of the events of the strike containing what complainant Bhatnagar considers defamatory accusations against him. The passages in the said document to which Bhatnagar has taken particular exception may be reproduced here as follows:- 1. All wrong, deceitful, derogatory and malicious informations were fed to Shri Singh (Nathu Singh) through leading and instigating questions by Dr. Bhatnagar. Students were directed to narrate their demands and grievances. Some of the false and malicious description like drinking parties by staff members with ladies, tape recording and black-mailing of ladies were narrated to him through leading questions asked by Dr. Bhatnagar. 2. He (i.e. Dr. Bhatnagar) was continuously whispering something to the students which instigated them more and they began to shout at Mr. Wanchoo. ...Then Dr. Bhatnagar addressed the students alone. After sometime some outsiders beat some college students on a different issue but Dr. Bhatnagar and Mr. Bhartiya told the students that Mr. Wanchoo had hired outside Gundas to beat the college students. 3. Dr. Bhatnagar warned Principal Wanchoo to get prepared for the worst from his (Dr. Bhatnagar's) side. 4. The meeting continued against rowdyism aggressive behaviour and abusive languages on the part of the students even in the presence of Dr. Bhatnagar and Shri Bhartiya. 5. Dr. P. D. Bhatnagar & R.K. Bhartiya losing their tempers very often and instigating students. 6. When these people started moving at about 6-00 p. m. there was a cry from behind "Acting Principal" by Dr. P. D. Bhatnagar. There was shout by Dr. P. D. Bhatnagar, "Do not leave him, get hold of him, but M/s Dr. Dave, Dr. Panda. Ramakrishna anu Balbeer Singh ran away. A few blows also fell on the back of Dr. Panda and Shri Ramkrishna. Thank God that the gate near the PBX was not closed by the students. It was a narrow escape.
(3.) Bhatnagar filed the complaint against petitioners on July 3, 1979 after a lapse of nearly two years from the date of occurrence. Explaining the delay, he pleaded that it was only on June 28, 1979 when he came to know that the petitioners were the authors of the objectionable documents which had been submitted by them to the authorities in N. C. E. R. T. and other important people under their own signatures. He mentioned in passing that a departmental enquiry had been instituted against him by the N. C. E. R. T. on the basis of the said document and that the Inquiry Officer had supplied to him, along with the charge-sheet, a true copy of that document on June 28, 1979. That is how he came to know that the petitioners had published this document.;