AMARESH KU.SINGH, J. - (1.) HEARD the learned Counsel for the petitioner and the non -petitioner.
(2.) THIS petition under Section 482 of the Criminal Procedure Code seeks the quashing of the proceedings against the petitioner Dr. S.D. Khetani, who is one of the three accused persons against whom process was issued by the learned Additional Chief Judicial Magistrate, Bali (District Pali) under Section 204 of the Criminal Procedure Code, after conducting an inquiry under Sections 200 and 202 of the Criminal Procedure Code, on a complaint filed by the non -petitioner, alleging the commission of an offence under Section 500 of the Indian Penal Code. The offence under Section 500 of the Indian Penal Code is alleged to have been committed by the publication of a news item in Issue dated 1st August, 1989 of 'The Rajasthan Kesari Dainik' a daily news paper alleging that the Sarpanch of village Panchayat Sela, (situated within the sub -division Bali), was alleged to have misappropiated a sum of Rs. 10,000/ - which was entrusted to the village Panchayat for the construction of a public well. The non -petitioner worked as 'officiating Sarpanch' of the Gram Panchayat Sela after the passing of the no -confidence motion of the then Sarpanch and after that he was elected as the Sarpanch of the village Panchayat and on the date of the publication of the news item dated 1st August, 1989 was working as Sarpanch. Therefore, the news item hints at his involvement in the alleged criminal misappropriation of public money and is defamatory. The accused who are alleged to be responsible for the publication of the alleged defamatory news, are (a) Dr. S.D. Khetani (who is the petitioner in this case), (b) Shri S.R. Vidhani and (c) Prakash Kumar Chauhan. The petitioner was the Chief Editor, Shri S.R. Vidhani was the Editor and Prakash Kumar Chauhan was the news reporter of the Rajasthan Kesari Dainik, in which the defamatory news item was published on 1st August 1989. It was alleged in the complaint that when the complainant (non - petitioner) came to know about the news item he sent a notice to Dr. S.D. Khetani, the Chief Editor, requesting him to give the particulars relating to the news item in question and in reply he was informed that the news had been published on the basis of the reporting made by Shri Prakash Kumar Chauhan. The learned Additional Chief Judicial Magistrate, Bali, before whom the complaint was filed by the non -petitioner took cognizance of the offence under Section 500 of the Indian Penal Code and conducted inquiry under Sections 200 and 202 of the Criminal Procedure Code and came to the conclusion that there were sufficient grounds to proceed against all the three accused persons. He, therefore, directed the issue of summons against all the three accused including the petitioner.
(3.) THE learned Counsel for the petitioner has submitted that issue of process against the petitioner for the alleged offence under Section 500 of the Indian Penal Code, by publication of defamatory news item in Issue dated 1st August, 1989 of Rajasthan Kesari Dainik amounts to abuse of the process of the court because there are no grounds to proceed against the petitioner for the alleged offence. It is, therefore, submitted that continuance of the proceedings against the petitioner would result in his unnecessary harassment. Prayer made on behalf of the petitioner is for the quashing of the proceedings against the petitioner. The learned Counsel for the non -petitioner has opposed the petition.;