SANJAY KUMAR RAI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) This appeal emanates from the judgment dated 28.11.2018 passed by the High Court of Judicature at Allahabad whereby a criminal revision against the order dated 13.03.2014 of the Chief Judicial Magistrate, Sant Kabir Nagar refusing to discharge the appellant in N.C.R. No. 120/2012 under Sections 504 and 506 of Indian Penal Code, 1860 [hereinafter referred to as "IPC"], has been turned down.

(3.) A brief reference to the facts may be necessary for disposal of the present appeal. A complaint was lodged with the jurisdictional police by Respondent No.2 (Kuldeep Mishra), who claimed to be a newspaper correspondent working for 'The Pioneer'. It was alleged that he had conducted a journalistic investigation for malpractices against one gas agency, namely 'Kalpana Indane Service'. He had also applied for certain information under the Right to Information Act 2005, so as to conduct investigation on alleged black marketing of gas cylinders by the aforesaid agency. The appellant herein is a partner in the aforesaid gas agency. As per the NCR report it is stated that the appellant, while he was responding to the calls made by Respondent No. 2, started calling him names and threatened to kill Respondent No. 2. It is alleged that the appellant had threatened Respondent No. 2 to pump numerous bullets in his face so that he may not even be recognized.