LAWS(GJH)-2005-12-103

MADHUBEN Vs. DIPAKBHAI DEVANI AND ORS.

Decided On December 06, 2005
MADHUBEN Appellant
V/S
Dipakbhai Devani And Ors. Respondents

JUDGEMENT

(1.) With the consent of learned advocates appearing for both the sides, present petition is taken up for final hearing today when the Miscellaneous Criminal Application No. 6991/2005 is taken up for hearing.

(2.) Short facts of the present case are that the petitioner has filed a complaint for defamation against the respondent Nos. 1 and 2 who are Editor and Reporter respectively of a newspaper known as Young Arohi. It is the case of the petitioner in the complaint that reporting in the newspaper is defamatory because the newspaper reporting is of lowering down the character of the petitioner. On behalf of the complainant the petitioner was examined and in the examination-in-chief the original newspaper in which there was reporting was tendered as evidence. However, it appears that the same was objected on behalf of the respondent Nos. 1 and 2 the learned Magistrate heard the learned advocates for both sides on the aspect as to whether the newspaper should be exhibited or not. It appears that the learned Magistrate after hearing both sides observed that the newspaper is a secondary evidence and its contents are also required to be proved and ultimately passed the order not to exhibit the said newspaper. It appears that the petitioner carried the matter in revision before the learned Sessions Judge and the learned Sessions Judge as per order, dated 10.1.2002 dismissed the revision and confirmed the order passed by the learned Magistrate and it is under these circumstances the petitioner has approached this Court by preferring this petition.

(3.) Heard Ms. Mandavia, learned advocate for the petitioner, Mr. Hriday Buch for Mr. Chhaya on behalf of respondent Nos. 1 and 2 and Mr. Gohil, learned A.P.P. for respondent No. 3-State.