SUMAN DUBEY Vs. CHARANJIT SINGH

JUDGEMENT

(1.) This criminal revision has been moved against an order dated 218 J 982 of the Metropolitan Magistrate, New Delhi, whereby the petitioners were summoned for standing trial under Sections 500, 501 and 502 I.P.C. It is contended that no prima facie case at all was made out under those provisions of law which should have justified their summoning.

(2.) The petitioners are Suman Dubty, Managing Editor of India TodayTT, S. Venkat Narayan, Senior Editor of India Today Suroit Mitra Correspondent. Raj K. Wadhwa, publisher. Thomson Press India Ltd., printer, and living Media. India Pvt. Ltd. of the said magazine India Today. Later, on moving of criminal Misc. No. 2083 of 1983, Arron Purie. Editor of this magazine who h also mentioned as an accused in the complaint was allowed under Section 482 Cr.P.C to adopt the facts and grounds stated in the present revision petition and permitted to address arguments.

(3.) An article was published at page 53 of India Today issue of 15.5.1982, captioned A Slow Fade-out, and it was shown to be subscribed by Sumit Mitra. In this the circumstances of ultimate exit of Mr. Kamleshwar senior post of Doordarshan were high-lighted. In some parts statements allegedly given by Mr. Kamleshwar were mentioned but overwhelmingly it appeared to be what the subscriber had purported to find as a journalist. Certain inferences, and possibly aspersions on some were hinted in the purported disclosure of a subtle game that was played in the removal of Mr. Kamleshwar. The same, however, need not be referred to here being not germane to the controversy presently before the court. It is the following portion of that article to which Charanjit Singh complainant took exception and, therefore, filed a complaint resulting in this revision which is relevant. Further Trouble: He ran into further trouble when he strongly opposed a proposal, put up by a company that makes bottled beverages, to set up franchise stations in Bombay and Delhi with South Korean collaboration. Instead, Kamleshwar pushed his idea of a second commercial channel, running for eight hours a day; it was accepted, and the second channel is scheduled to go on the air from June I this year. He also turned down the same company's offer to sell TV rights for the Indian performances of a London based Afro-rock group specially invited by it last year. The Congress (1) politician who owns the company also complained against Kamleshwar to Dhawan