V. VENUGOPAL Vs. STATE

JUDGEMENT

(1.) SHRI G. L. Lakhotia is the publisher of a news paper named 1 Free Press Journal". It is being published from 21, Dalal Street, Bombay. Shri V. Venugopal was the correspondent of this newspaper at the relevant time. In its issue dated 2nd and 4th April, 1982 it carried a news item namely, More Incriminating Documents Seized" and 'I.T. Raids Open Pandora's box'. The news item was the result of the investigation and written on behalf of Shri V. Venugopal.

(2.) SHRI P.C. Srivastava, resident of A-3/3, Vasant Vihar, New Delhi, felt aggrieved from the aforesaid news item. He immediately moved in the matter and filed a criminal complaint under Sections 490, 500 and 501 of the Indian Penal Code in the Court of the Metropolitan Magistrate, New Delhi, against the publisher and the correspondent. Shri S. Krishnamurti and the Indian National Press Bombay Limited were arrayed as accused persons. It is the common case of parties that Shri S. Krishnamurti has since expired and his name has been removed from the array of the accused

(3.) ON 5th April, 1986, the matter was listed before the Court of Shri C.K. Chaturvedi, Metropolitan Magistrate, New Delhi, for recording the evidence of the complainant. Both the accused persons alongwith their counsel were present in the Court. The Court called the case a number of times but neither the complainant nor anyone on his behalf turned up in the court to pursue the complaint. The learned Metropolitan Magistrate dismissed the complaint and passed the following order: