VIJAY Vs. SHRI GUDUSAB

JUDGEMENT

(1.) THE petitioner has approached this Court for quashing the proceedings in C.C. No. 51/2012 on the file of Civil Judge & J.M.F.C., Badami, registered against the petitioner for the offences punishable under Sections 500, 501 and 502 of the Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C. for brevity). The brief facts that emanate from records are that a person by name Sri. Gudusab S/o Modinsab Gadadalli lodged a complaint before J.M.F.C. Badami making this petitioner as accused No. 2 alleging that all the accused persons including the petitioner have printed and published a defamatory statement against the complainant in Kannada daily newspaper, "Vijay Karnataka", which is circulated throughout Karnataka.

(2.) THE learned counsel for petitioner strenuously argued that accused No. 2 is nowhere connected with printing and publishing of any article in the newspaper. On the other hand, it is the Editor, who edits and publishes the news in the newspaper. In the absence of any specific allegations against the petitioner, no criminal prosecution can be continued.

(3.) ON perusal of the entire complaint averments as rightly contended by learned counsel for the petitioner there is no special or specific allegation against the present petitioner, who is arrayed as accused No. 2. The complaint discloses that the petitioner is described as Managing Director of Vijayananda Printers Limited, a Company incorporated under the Indian Companies Act, 1956. In the complaint it is nowhere explained as to what is the exact duty of accused No. 2 in the Vijayananda Printers Limited. In this background the learned counsel for petitioner relying upon a decision of the Apex court submits that except the Editor of the newspaper or Chief Editor or anybody who is in the helm of affairs no other person or legal entity is liable for any criminal prosecution. Therefore, he requested that the proceedings against the accused No. 2/petitioner herein is liable to be quashed.