HINDUSTAN TIMES Vs. STATE

JUDGEMENT

(1.) This order will dispose of four petitions under Sections 397/401 and 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C."), challenging the order dated 10/03/1998 summoning the petitioner for the offence punishable under Section 2(2) of the Criminal Law Amendment (Amending) Act, 1990 (for short "the Act") and the order dated 6/11/1999 dismissing application of the prosecution seeking withdrawal of the complaint.

(2.) Facts in brief are that on 8/01/1998, Government of NCT of Delhi filed a complaint under Section 2(2) of the Act against The Hindustan Times, its publishers and editor, M/s.Lloyds Finance Ltd., Managing Director of the Lloyds Finance Ltd. and M/s.Moulis Advertising Service (P) Ltd. and its Director (hereinafter referred to as "the petitioners") alleging that in Hindustan Times, English daily newspaper, dated 21/04/1997 in the advertisement of M/s.Llyod Finance Ltd. issued through M/s. Moulis Advertising Service (P) Ltd., the "Map of India" published was not in conformity with its international boundary and coast line as depicted in the certified Map of India, published by the Survey of India. The Map of India published in the advertisement was full of discrepancies, some portions of India, including Andaman Nicobar and Lakshadeep island were not shown. The report of the Additional Surveyor General of India also revealed that published map was not in conformity with fche maps of India published by Survey of India. The petitioners were charged for contravention of Section 2(2) of the Criminal Law Amendment Act. 1961 as amended by Criminal Law Amendment(Amending) Act, 1990. It reads as under:-

(3.) I have heard learned counsel for the petitioners and learned APP for the State and have been taken through the record.