SHRI VIVEK GOENKA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since both the above petitions filed for quashment of criminal complaint cases are involving common question, they are being disposed of by this common order. By filing M. Cr. C. No. 731/2004 under Section 482 of the Cr.P.C., petitioner Vivek Goenka has prayed for quashment of Criminal Complaint Case No. 1064/2003 pending before the Court of Chief Judicial Magistrate, Korba for the offence punishable under Section 500 of the IPC against the petitioner at the instance of respondent No. 2.

(2.) By filing M. Cr. C. No. 2867/2004 under Section 482 of the Cr.P.C., petitioner Vijay Budhia has prayed for quashment of Criminal Complaint Case No. 1064/2003 pending before the Court of Chief Judicial Magistrate, Korba for the offence punishable under Section 500 of the IPC.

(3.) As per copy of the complaint and other documents, petitioner Vivek Goenka, resident of Mumbai, is Chairman of Board of Jansatta daily newspaper and petitioner Vijay Budhia is Printer & Publisher of Jansatta daily newspaper. The Jansatta daily newspaper, Raipur edition, has published a news on 2-6-2003 with a heading that ??(I) On the basis of aforesaid publication, respondent Smt. Bharti Ogre i.e. the then public servant, Deputy Collector, has filed complaint. After enquiry under Chapter XV of the Code of Criminal Procedure, 1973, the Court below has registered offence punishable under Section 500 of the IPC against the petitioners herein.