NARESHKUMAR BISHWESHLAL AGRAWAL PROP. Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY this application under section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the applicant seeks quashing of the first information report dated 22.10.2004 registered vide Navapura Police Station I-C.R. No.139 of 2004 against the applicant herein and others for the offences punishable under sections 466, 471, 474, 120(B), 114 and 34 of the Indian Penal Code.

(2.) THE respondent No.2 herein lodged the above referred first information report against the applicant and other co-accused stating that the applicant herein is the Publisher and Editor of the daily newspaper Savera India Times, the accused No.2 is the Press Director, Vadodara, and the accused No.3 to 8 are employees of the Vadodara Municipal Corporation. It is alleged that accused No.1 and 2 with a view to publish sensational news in their newspaper wanted to establish that there is rampant corruption in the Vadodara Municipal Corporation and with the malafide intention hatched a conspiracy along with other co-accused. In furtherance of the said conspiracy, the accused No.2 met the other accused and requested the accused No.4 to register a false case of death and issue a certificate in respect thereof. Initially, the accused No.4 demanded a sum of Rs.10,000.00 but ultimately it was agreed that such bogus document would be issued upon payment of Rs.5,000.00. The accused No.2 paid Rs.2,000.00 to the accused No.4 in respect of the said transaction, and the remaining amount of Rs.3,000.00 was to be paid upon issuance of the certificate. According to the accused No.2, the remaining Rs.3,000.00 was paid to the accused No.4 pursuant to which a bogus death certificate came to be issued to him. Thereafter he had paid another Rs.100.00 and obtained five computerized copies thereof. It is further alleged that a news item came to be published in the 14th October 2004 edition of Savera India Times in connection with the issuance of the aforesaid death certificate, wherein by publishing a copy of the certificate which had been obtained as aforesaid, allegations were made against the Mayor and the Commissioner of the Vadodara Municipal Corporation, and it was also stated that corruption is going on in the Vadodara Municipal Corporation. It is accordingly alleged by the first informant that a conspiracy has been hatched to defame the office holders of the Corporation and its staff in public. Various other allegations have been made as regards the manner, in which the bogus death certificate had been obtained.

(3.) MR . Mitul Shelat, learned advocate for the applicant submitted that all that the applicant herein has done is that he has published a copy of the death certificate obtained by the accused No.2 in his newspaper along with a write up of the manner in which the same was obtained. It was submitted that the document has been issued by the Vadodara Municipal Corporation and that the applicant herein has merely published the report. At no point of time, has the applicant participated in the transaction resulting in the issuance of death certificate nor has he committed any act or omission in respect thereof. It was submitted that publication of the document does not constitute use of the document as contemplated under section 463 of the Indian Penal Code.