R. A. GOENKA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioner N. 1 in both these applications is the Chairman of the Indian Express News Paper (Bombay) Private Limited. He is accused No. 1 in both the criminal cases. He is joined as an accused on the ground that he is the proprietor of the said company. Accussed No. 2 (petitioner No.

(2.) in both these applications) is described as the Printer and publisher of Indian Express Newspaper. Accused No. 3 who is the Chief Editor of Indian Express newspaper is also alleged to be responsible as he allowed the said news to be published without taking proper care and proper verification. Accused No. 4 is described as the Reporter and mainly responsible for getting this defamatory news published. Accused No. 5 is also alleged to be guilty on the ground that he was at the relevant time Resident Editor of the Indian Express Newspaper (Bombay) Private Limited. 2. As regards petitioner No. 3, it was conceded that he is an Editor stationed at Delhi. There is no allegation that the news which are published at Ahmedabad are published after bringing them to his notice or that in this case, he knew that such a news item was being published. It is also an admitted position that there is a separate Resident Editor at Ahmedabad who looks after the publication of Indian Express daily at Ahmedabad. Therefore, at this stage it is not possible to say that he is also guilty of an offence punishable under S. 500 of the Indian Penal Code. Therefore, process issued against him will have also to be quashed.