RAKESH SHARMA Vs. MAHAVIR SINGHVI

JUDGEMENT

(1.) THESE petitions under Section 482 of the Code of Criminal Procedure, 1973 ("crpc") arising out of the same set of facts raise similar questions and are therefore being disposed of by this common judgment. Criminal M. C. No. 4870-72 of 2006 seeks the quashing of Criminal Complaint No. 802/1/2004 titled mahavir Singhvi v. Rakesh Sharma pending in the court of the learned metropolitan Magistrate ("mm") Delhi and all proceedings consequent thereto. Criminal M. C. No. 5049-50 of 2006 seeks the quashing of Criminal Complaint No. 801/2/2004 titled Mahavir Singhvi v. Rakesh Sharma pending in the court of the learned MM Delhi and all proceedings consequent thereto.

(2.) PETITIONER No. 1 is the Publisher of Hindustan Times, New Delhi. Petitioner No. 2 is its Editor and Petitioner No. 3 its Reporter/ Correspondent. The Respondent was a member of the Indian Foreign Service ("ifs") of the 1999 batch. He was appointed as a Probationer by an order dated 21st September, 1999 issued by the Government of India. On the ground that the Respondent's conduct and performance during the period of the probation was found to be unsatisfactory, the Respondent was discharged from service by an order dated 13th June, 2002.

(3.) IN the Delhi edition of Hindustan Times dated 19th June, 2002 a news item under the heading "ifs probationer sacked after tapes "prove" misconduct" appeared. The news line was under the authorship of Petitioner No. 3 Saurabh shukla. Inter alia, the news item stated: