VINOD SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant application under Sec. 482 of Code of Criminal Procedure (hereinafter referred to as ''Code') has been filed to quash the proceeding of the Complaint Case No.412 of 1999, under Sec. 500 I.P.C. (Ajeet Singh Tomar Vs. Khichchu Singh and others) pending in the Court of Judicial Magistrate, Gautambudh Nagar.

(2.) The relevant facts of the case are that applicant was working as a reporter in the Amar Ujala daily newspaper since long and he never published any news which is incorrect, a news item on the basis of press conference has been published in the Meerut edition daily newspaper Amar Ujala dtd. 15/7/1999 that the Pradhan- Khichchu Singh of Shahpur Goverdhanpur told that Ajeet Singh Tomar @ Bajrangi son of Shri Horam has illegally taken possession of the Gaon Sabha land recorded as pasture land and in this regard complaint has been also made to the District Magistrate as well as to the Commissioner. He also alleged that 510 bighas of land situated at Chakshalapur has been sold out by Ajeet Singh Tomar and his brothers, the dispute in respect to these plots is pending in the Court of Haryana State. He further alleged that the complaint was made to District Magistrate- Gautambudh Nagar to inqure into the matter relating to unauthorised and illegal possession of land, the Gram-pradhan further alleged that culprits have threatened to kill him. Villagers of the village have also complained to NOIDA authority and the NOIDA authority has written a letter to District Magistrate to inquire into the irregularity. Ajeet Singh Tomar in his statement has said that on his complaint government has registered seven cases in respect to forged sale-deed at Police Station- Sector- 39. He further states that on abovementioned land of Gaon Sabha, a temple is situated for the last 10 years and he has no concern with the land of Gaon Sabha. Ajeet Singh Tomar also demanded inquiry against the charges labelled by Gram Pradhan, the extract of news item is as follows:-

(3.) The aforementioned news was published in several newspaper in their own languages. Complainant ,opposite party No. 2 (Ajeet Singh Tomar), filed a Complaint in the Court of Chief Judicial Magistrate, Gautam Budh Nagar on 12/8/1999 impleading 19 persons in which applicant was arrayed as opposite party No. 11, in the complaint it was alleged that on the basis of news published in Amar Ujala on 15/7/1999, his image has been tarnished and news published is totally false, as such, accused is liable to be prosecuted under Sec. 500 I.P.C.