SANJAY UPADHYA Vs. ANAND DUBEY

JUDGEMENT

(1.) Leave granted.

(2.) The instant appeal has been preferred by the accused appellant who is facing prosecution for the offence punishable under Sec. 500 of Indian Penal Code, 1860 in a complaint filed by the respondent-complainant Anand Dubey in the Court of Judicial Magistrate First Class, Hoshangabad. The complaint was founded on an allegation that the appellant who is the registered owner of a Daily newspaper named 'Sunday Blast' having its registered office at Malviya Hospital, Kothi Bazar, Hoshangabad Tehsil and District Hoshangabad, allowed a news article to be published in the edition dtd. 24/2/2013 bearing a title "Advocate ne pan masala vyavasayi par karaya jhuta mamla darj".

(3.) The respondent-complainant filed the subject complaint in the Court of Judicial Magistrate First Class, Hoshangabad alleging that the appellant had allowed the said news article to be published in his newspaper without ascertaining the true facts and that such publication brought down the reputation of the respondent-complainant in the eyes of the public at large and thus, the accused appellant was liable to be prosecuted for criminal defamation punishable under Sec. 500 of the Indian Penal Code, 1860.