R K AGGARWAL Vs. BRIG MADAN LAL NASSA

JUDGEMENT

(1.) The present petitions have been filed under Sections 482 Cr.P.C. seeking to invoke the inherent powers of this Court to set aside/quash the order dated 31.01.2015 passed by Sh.Satvir Singh Lamba, MM, Patiala House Courts, New Delhi and to further direct the Trial Court not to read the evidence adopted by the complainant against the present petitioners and quash the Trial Court proceedings qua the petitioners in Complaint Case Nos.:469/1/06 under Section 500/501/502 IPC pending before the Trial Court.

(2.) The facts of the case in nutshell are that the complaint in question dated 06.05.2002 was filed by the complainant alleging that Janta Express, a Hindi Daily newspaper published a story on 15.03.2002 with date line Lucknow 14 March, 2002 authored by the petitioner/Prabhat Ranjan Deen concerning tragic deaths of some youths at Army Recruitment Centre, Lucknow in septic tank accident. It was alleged in the complaint that to sensationalize the said story, knowingly false malicious and baseless allegations against the complainant were leveled in the story in order to defame him and his family, smearing his good name by not only connecting him with the so call corruption in MES but also dubbing him as anti -national by falsely and maliciously asserting that the complainant was caught red handed for the charge of supplying Arms to the Kashmiri Militants. It was further stated in the said story that the complainant while serving as Chief Engineer MES was arrested at Jammu Airport with Rs.28 lakhs cash on the charge of supplying arms to Kashmiri militants and was still undergoing imprisonment. The caption of the story read: 'AATANKIYON KO HATIYAR SUPPLY KARNEY WALAY BRIG. KAY BETAY PER THA RKAHRAKHAO KA ZIMMA', which was alleged to be defamatory.

(3.) It was further alleged that the publication of the said story was false and baseless and malicious assertions made in the said story has defamed the complainant causing him tremendous loss of reputation and tarnished his image and lowered him in the estimation of others causing mental agony to him and his family members.