AJAY PRATAPBHAI DAVE PROPRIETOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP Shri M.R. Mengdey waives service of rule on behalf of the respondents.

(2.) In the present petition, the petitioner has prayed for quashing of a criminal complaint bearing C.R. No.I-126/2007 dated 1.10.2007 filed before Wadi Police Station of Vadodara City. The complainant is a police officer. In his complaint, he has stated that while he was investigating into certain criminal offences of communal violence, during the course of investigation, upon interrogating the accused, it was revealed to him that the Siti Channel which is a News Channel being broadcast in the city of Vadodara has been publishing news which would excite communal tension. It was found on 21.9.2007 when Ganpathi Visarjan process was going on, the petitioner while covering the News on behalf of the T.V. Channel broadcast that in the violence which took place at the Panigate, a leader of Bajrang Dal had died. Apparently, no such incident had taken place. It was therefore, alleged that by publishing inaccurate News, the petitioner created tension between the different communities which led to communal violence.

(3.) In the present petition, the petitioner has stated inter-alia that the News channel in question never carried any such News item. While issuing notice on 10.10.2007, this Court had passed following order :