CHANDRA SHAKHAR @ CHANDU BAILWAL, S/O. LATE SRI. KHIMANAND BAILWAL Vs. SANJAY GUPTA, EDITOR AND DHERENDRA MOHAN, PUBLISHER

JUDGEMENT

(1.) HEARD .

(2.) BY means of this petition moved under Section 482 of Code of Criminal Procedure, 1973, the Petitioner has sought quashing of the order dated 19.08.2011, passed by Additional Sessions Judge/ First Fast Track Court, Haldwani, in Criminal Revision No. 64 of 2009, where by said court has affirmed the order dated 30th of September 2009, passed by Additional Chief Judicial Magistrate, Haldwani, in Criminal Complaint Case No. 2289 of 2009.

(3.) PERUSAL of the impugned order passed by the courts below shows that the two courts below have applied their minds to the facts of the case, and found that it was not a fit case for summoning the accused in respect of the news report which could be correct or incorrect, but it was for the public good. Apart from this, it has been observed by the revisional court that the ingredients of the offence defined under Section 499 I.P.C., are not made out as against the Respondents. Since, the two courts below have applied their minds to the facts of the case, this Court is not inclined to interfere with the conclusion arrived at by the courts below, in the factual matter.