GOUR CHANDRA BOUT Vs. PUBLIC PROSECUTOR CUTTACK

JUDGEMENT

(1.) This is an appeal by a certificate granted by the High Court of Orissa which dismissed an appeal preferred by the appellants from their convictions under S. 500 ad S. 501, Indian Penal Code, respectively and the sentences of fine imposed upon each of them.

(2.) The appellant No.1 Gour Chandra Rout, is the editor of an Orya Daily Newspaper called "Matrubhumi" while the other appellant, Ram Chandra Kar, is the printer and publisher of that Newspaper. In the issue of May 31, 1958, the views expressed by Dr. Ram Manohar Lohia concerning the political situation created in Orissa by reason of the resignation of the Congress Ministry and the immediate non-acceptance of resignation by the Governor were published. During the Press Conference addressed by Dr. Lohia he remarked that the Governor Mr. Sukthankar had played as a toy in the hands of the Congress and that a near relation of the Governor had obtained a job carrying a handsome salary, with a British Oil Company in Assam and that, therefore, the Governor was under an obligation to the Congress. The suggestion clearly was that the near relation of the Governor had secured employment with the help of the Congress party. After the aforesaid publication came to the notice of the Governor he had a translation made of it in English and he sent that translation to the Government of Orissa for taking such action as may be necessary. Shortly thereafter the Home Secretary to the Government of Orissa passed an order in the following terms :

(3.) Section 198 of the Code prohibits a court from taking cognizance of certain offences, including those under Ss. 500 and 501, I.P.C. except upon a complaint made by a person aggrieved by such an offence. Therefore, the normal procedure is that where a person complains of being defamed he himself has to make a complaint to the court in order to make it possible for the court to take congnizance of the offence complained of. When the Code was amended by Act 26 of 1955, among other provisions, a new one, S. 198 -B was added to it. The relevant part of that Section runs thus: