NAROTTAMDAS L SHAH Vs. SUBANALI NAZARALI

JUDGEMENT

(1.) The present application is filed under sec. 482 of the Criminal Procedure Code by the applicant who is the Editor Printer and Publisher of a daily newspaper known as Jai Hind. In the issue of Jai Hind dated 21/11/1982 (in the weekly Purti) on page-2 an article on Aya Tolla was published. The heading of the article was Was Aya Tolla Khomaini born in India. The copy of the said article is annexed as Annexure-A to the petition. On the basis of that article the opponent No. 1 has filed a complaint under secs. 500 and 501 of the Indian Penal Code in the Court of the learned Judicial Magistrate First Class Rajula. which is numbered as Criminal Case No. 886/89. The learned Magistrate took cognisance of the said complaint and issued process against the applicant.

(2.) In this petition the petitioner has submitted that there is not even a single word in the article which is defamatory and the entire complaint is filed only with a view to harass the petitioner who is a bold journalist. The petitioner further submits that even of the article contains some remarks which can be called to he defamatory of Aya Tolla. even then the petitioner has no right to file the present complaint. It is also submitted that in view of the provision contained in sec. 199(1) of the Criminal Procedure Code the learned Magistrate should not have taken cognisance of the complaint and therefore complaint as well as in issuing process against him.

(3.) In the complaint copy of which is annexed with the petition. it is averred that the complainant is of Shia Irna Mazhab anal there is a Society in the name of Khoja Ashkari Jamaat of which petitioner is one of the trustees. s. According to him he is the respected man residing in the Village Rajula and Aya Tolla is the religious head of high cadre and that in his support they are taking processions and shouting slogans. According to the complainant he is also keeping the photograph of Aya Tolla at his residence and at his shop. According to the complainant the said article was maliciously published in Jai Hind newspaper and that has defamed Aya Tolla as well as his followers and as a follower the complainant was also defamed. It may he stated that certain quotations are taken from the said article and pointed put that they are are false and defamatory.