G.L. Gupta, J. - (1.) This is a misc. petition under section 482 Cr.P.C. calling in question the order dated 14.5.1998 and seeking the quashment of the proceedings pending against the petitioner in the Court of Addl. Civil Judge (Jr. Division) cum Judicial Magistrate No. 3, Jodhpur.
(2.) The relevant facts are these, Respondent Kapoor Chand Kulish, Editor of Rajasthan Patrika filed a criminal complaint against the petitioner on the Court of the Magistrate on 9.7.1996 for the offences punishable under sections 500 and 501 IPC. This complaint was addressed to the Court of First Class Magistrate, Jodhpur. The allegations in the complaint were that the respondent, in order to lower down the image of the complainant, uttered defamatory words against him, at Jaipur which were published in the issue of J.V.G. Times dated 17.6.1996 and in the Hindustan Times dated 18.6.1996, which news items were read amongst others by the four residents of Jodhpur named in the complaint. After holding enquiry under Chapter XV Cr.P.C. the learned Magistrate vide order dated 26.6.1996 issued process against the accused-petitioner. On his appearance, the accused-petitioner made an application before the Magistrate that he did not have the jurisdiction to entertain the matter as in the complaint it was not averred that the offence was committed in his territorial jurisdiction. After hearing the learned counsel for the parties, the learned Magistrate vide order dated 14.5.1998 rejected the application of the accused-petitioner and proceeded to hold the trial of the case. Hence, this petition.
(3.) Mr. Garg learned counsel for the petitioner pointed out that in the complaint it is no-where stated that the alleged news items were read by the persons named in the complaint in the territorial jurisdiction of the Judicial Magistrate No. 3, Jodhpur. He also pointed out that the complaint was not even addressed to the Judicial Magistrate No. 3, Jodhpur and it was addressed only to First Class Magistrate, Jodhpur whereas no Court by the name first Class Magistrate existed at Jodhpur. He further pointed out that in the complaint it is not disclosed that the news items were published at Jodhpur. His contention was that the Court of Judicial Magistrate No. 3, Jodhpur did not have jurisdiction to entertain this matter. He cited the case of Union of India v. B.N. Annantha Padamanbhiah, 1971 SC 1836 .;