SHEIK ISSAK Vs. S.S. KHAZI

JUDGEMENT

(1.) IN this petition filed under Section 482 of Code of Criminal Procedure, petitioner arrayed as accused No. 1 in C.C. No. 3485/09 on the file of JMFC II Court, Mangalore has sought for quashing of the prosecution launched against him in the said case for the offences punishable under Sections 500, 501, and 502 r/w Section 34 of Indian Penal Code. Respondent practicing Advocate at Mangalore lodged a private complaint before the learned Magistrate alleging the aforesaid offences against the petitioner and another arrayed as accused No. 2 who is stated to be the printer, publisher and editor of a Kannada Daily newspaper called 'Karavali Ale'. The learned Magistrate after taking cognizance of the offences alleged, recorded sworn statement of the complainant and thereafter, directed issue of summons to the petitioners and other accused. On coming to know of the same, petitioner has presented this petition inter alia on the ground that the petitioner has nothing to do with the publication made in the newspaper nor he is related in any manner to the newspaper, as such no case is made out against him for any of the offences alleged.

(2.) I have heard the learned counsel for the petitioner as well as learned counsel for the respondent and perused the allegations made in the complaint, a copy of which is produced along with this petition.