BANKA BEHARI SINGH Vs. O M THOMAS

JUDGEMENT

(1.) This is a petition, in revision, against the judgment of the Sessions Judge of Sambalpur, declining to interfere with an order of discharge passed by the First Class Magistrate of sambalpur.

(2.) On the 20th July 1937 the petitioner tiled a complaint in the Court of the First Class Magistrate. Jashpurnagar, in the district of Raigarh, in Madhya Pradesh against nine persons alleging that they committed offences under Sections 500, 501 and 502 read with Section 34 of the Indian Penal Code, against him. The substance of the allegation was that in three printed books grossly defamatory statements were made against the petitioner by the authors of the same, and that the books were printed and published at the places noted in them and that they were also widely disseminated in Jashpurnagar within the said district of Raigarh where the petitioner was residing. One of the books is entitled "Voice of Truth" of which one of the part authors is one O. M. Thomas. In that book it was mentioned that it was published by O. M. Thomas, 20 Elgin Road, Allahabad and that it was printed at St. Paul's Press Training School, Allahabad. The second book is entitled "Annotations on the Niyogi Report" written by Rt. Rev. Oscar Sevrin S. J. and published by Pushpa Publishers of Nagpur, it is further mentioned in that book that it was printed by Wilfred Maciel at "Pushpa" 46 Kingsway, Nagpur-1. The third book is entitled "Why are you nervous of Conversion to Christianity?". The author is one M. Morris. The book was printed and published at Sanjiban Press, Digha Ghat, Patna. In this book it is further mentioned that the sale proceeds would go to the Catholic Regional Council, Ranchi. Two of the books (excluding "The Annotations on the Niyogi Report") are priced publications.

(3.) The learned Magistrate of Jashpurnagar issued process against the nine persons named in the petition of complaint. Two of them, namely, G. K. Francis and M. Morris are reported to be dead. The trial, therefore, proceeded against the remaining seven persons, but in the meantime on their application to the Supreme Court under Section 527 Cr. P. C. then Lordships of the Supreme Court were pleased to transfer the case to the District Magistrate of Sambalpur, for trial by a competent Magistrate. The case came up for trial, in due course, to the file of Sri G. C. Mallik, Magistrate, First Class, Sambalpur, who, after examining several prosecution witnesses in chief and also after cross-examining them, discharged four of the accused persons namely Rev. Father T. Barret, (opp. party No. 3, O. M. Thomas (opp. party no. 1), Rev. A. Rossi (opp. party No. 2) and Wilfred Maciel (opp. party No. 4) observing that no prima facie case was made out against them. The trial continued against the remaining three persons, namely, Rt. Rev. Oscar Sevrin (opp. party No. 5), Ignace Beck (opp. party No. 6) and John Ekka (opp. party No. 7). Rev. Father J. Barret is said to be the Manager of Sanjivan Press, Digha Ghat, Patna where the publication "Why are you nervous about conversion to Christianity?" was published. Mr. O. M. Thomas is (as already pointed out) the joint author and publisher of the book "Voice of Truth." Rev. A. Rossi is the Manager in St. Paul's Press Training School, Allahabad where the book was printed. Sir Wilfred Maciel is said to be the Printer and Publisher of the book entitled "Annotations on the Niyogi Report", residing at 'Pushpa' 46 Kingsway, Nagpur 1.