- (1.) THIS is an application for quashing the entire criminal proceeding in connection with Complaint Case No. 781 of 2003 including the order dated 9.3.2004 passed by Sri. V.K. Tiwari, learned Judicial Magistrate, Ranchi, whereby and whereunder he took cognizance of the offence under Sections 427, 501 and 502 of the I.P.C.
(2.) IT appears that the complainant, opposite party no. 2 filed a complaint petition in the court below alleging therein that the petitioners published a news item in the daily Prabhat Khabar to the effect that M.C.C. had given a call for bandh in the whole of Jharkhand. It is stated that the said call of bandh was given only for Palamau and Chatra district. It is alleged that the complainant had organized a Mega -seminar on 9.2.2003 at Ranchi. It is alleged that only with a view to sabotage the said seminar, the said news item published by the daily Prabhat Khabar which resulted into huge loss to the complainant. It is further alleged that on 10.2.2003 the accused persons published another news item stating that against the order of the court, welcome gates, hoardings etc. erected by the complainant throughout the city causing disturbance to the traffic system. It is alleged that the aforesaid news item harms the reputation of the complainant. Accordingly, it is alleged that offence under Sections 501, 502 and 427 of the I.P.C. is made out. It is submitted by learned counsel for the petitioners that from perusal of entire complaint petition no offence under Sections 427, 501 and 502 of the I.P.C. is made out. It is submitted that from perusal of Annexure -11, it is clear that a general news published in the Daily Prabhat Khabar that in violation of the order of Hon'ble High Court political parties and others including the complainant had erected welcome gates, hoardings, portraits etc. on the roads which jeopardized the traffic system of the city. It is submitted that there is nothing in the news item which cast any aspersion on the reputation of complainant, thus from no stretch of imagination, same can be termed as defamatory. It is submitted that there is nothing in the complaint petition to show that any mischief has been committed by the petitioners. Accordingly, it is submitted that no offence under Sections 427, 501 and 502 of the I.P.C. is made out.
(3.) ON the other hand, learned counsel for the opposite party no. 2 submitted that news published vide Annexure -11 caused harm to the reputation of complainant, therefore offence under Sections 501 and 502 of the I.P.C. is made out.;