AJAYSINH DALPATSINH UMAT Vs. PATEL RAJUBHAI DASHRATHBHAI

JUDGEMENT

(1.) With the consent of learned advocates for the respective parties, the matter is finally heard and decided at the admission stage.

(2.) The present Criminal Misc. Application has been filed by the applicant under Article 226 and 227 of the Constitution of India and under Section 482 of Cr.P.C. seeking mainly the following relief : -

(3.) The short facts are that the applicant was working as the Resident Editor, for a Gujarati daily newspaper Divya Bhaskar for its Ahmedabad edition in the year 2007. In Mahesana edition of Divya Bhaskar dated 20.11.2007, a news item was published regarding the arrest of the respondent No. 1 and his father for allegedly committing offence of assault on a woman and threatening her to kill. The heading of the said news published was that "father and son wandering as Don in Visngar, arrested." The respondent No. 1 filed a Criminal Complaint being No. 1453 of 2008 against the present applicant and three others in the Court of Judicial Magistrate First Class, Visnagar at Mahesana (hereinafter referred to as 'the trial Court') for the alleged offence under Section 499, 500, 501, 502 of the Indian Penal Code alleging inter alia that the said news item published in the Mahesana edition of Divya Bhaskar dated 20.11.2007 at page 10, was defamatory. Pursuant to the said complaint lodged by the respondent, the trial Court had issued the process on 06.12.2008. The applicant, therefore, had made an application Exh. 38 on 05.11.2011 before the trial Court for dropping of the process / summons and discharge the applicant from the said case. The said application Exh. 38 was rejected by the trial Court vide the impugned order. Hence, the present petition has been filed, challenging the said order as well as for quashing the said complaint.