TV TODAY NETWORK LTD. Vs. RAMESH BIDHURI

JUDGEMENT

(1.) These are two petitions under Sec. 482 of the Code of Criminal Procedure, 1973 ["Cr. P.C."] filed by the petitioners TV Today Network Ltd. and its officials, seeking quashing and setting aside of the order dtd. 13/12/2018 passed by the learned Metropolitan Magistrate (trial court) in Complaint Case No. 624319/2016 titled 'Ramesh Bidhuri v. Purshottam Sharma & Ors.' and Complaint Case No. 624318/2016 'Rajpal Poswal v. Purshottam Sharma & Ors.', whereby, the trial court dismissed the petitioners' applications for discharge. They are also praying for discharge in the aforesaid complaints.

(2.) Both petitions raise substantially identical questions of fact and law and, therefore, are being disposed of together.

(3.) The petitioners are a media house engaged in news broadcasting under the brand Aaj Tak/India Today Group. On 10/8/2011, a programme/broadcast was telecast on the petitioners' channel which reported a gang rape and abduction case involving one person namely Sunny, described as the brother-in-law of the nephew of Respondent Ramesh Bidhuri- who at the time was an elected Member of the Legislative Assembly (MLA) from Tughlakabad Constituency. The report criticized alleged police inaction in arresting Sunny, while his co-accused had been taken into custody.