SURESH SELVARAJ Vs. KENCHANAGOUDA

JUDGEMENT

(1.) These 4 petitions are filed by accused 2 to 5 in C.C.No.122 of 2012 pending on the file of I CJM, Dharwad.

(2.) Admittedly, the aforesaid proceeding is registered pursuant to a private complaint filed in P.C.No.3 of 2012 for the offences punishable under Sec. 499 and 500 of IPC. Accused 2 to 5 are the Managing Director, Chief Editor, Anchor, Reporter and News Reader of Suvarna News 24x7. The private complaint in P.C.No.3 of 2012 was filed by an advocate practicing at Dharwad accusing petitioners 1 to 4 herein and another, i.e., the news channel by name Suvarna 24x7 for broad casting news items which are allegedly defamatory in nature against the advocates. In the said private complaint, the learned Magistrate took cognizance and registered the complaint in C.C.No.112 of 2012. In the said proceedings summons were issued and subsequently when the accused were not present before the Court after service of summons, NBW was issued against accused 3 and 4. So far as accused No.5 is concerned he entered appearance and initially he took bail on executing a personal bond and surety of Rs.5,000.00.

(3.) It is seen that accused No.5 who was enlarged on bail also did not appear on subsequent date and NBW which was issued was not served, hence the said matter was adjourned to 19/09/2014 for execution of NBW. In the meanwhile, on 18/09/2014, the proceeding in C.C.No.112 of 2012 got preponed and 4 applications were filed under Sec. 70(2) of the Code of Criminal Procedure on behalf of accused 2 to 4 seeking recall of NBW. Though application for recall of NBW was filed for A2 to A4 they were not present before the Court. No explanation was provided for their absence in the said application. Hence, the said application was not considered observing their presence is necessary.