CHANDAN MITRA Vs. STATE OF U P

JUDGEMENT

(1.) S. S. Kulshrestha, J. All the three applications purporting to be under Section 482 of the Code of Criminal Procedure (the Code) have been brought by Sri Chandan Mitra, the Editor of the Pioneer CMYK Printech Ltd. along with Sri Jitendra Verma and Sri Deepak Mukherji, who are associated with the said newspaper in either capacity. In these applications common questions of law and facts are involved and so they are taken together for disposal.

(2.) CRIMINAL Misc. Application No. 7930 of 2003 relates to the quashing the proceedings of complaint case No. 3199 of 2002, Satish Chandan v. Jitendra Verma, under Section 500 IPC CRIMINAL Misc. Application No. 7931 of 2003 to the quashing the proceedings of complaint case No. 3200 of 2002, Dr. Krishna v. Jitendra Verma, under Section 500 IPC and CRIMINAL Misc. Application No. 7932 of 2003 to the quashing the proceedings of complaint case No. 3198 of 2002, Dr. Uma v. Jitendra Verma, under Section 500 IPC. It has been averred that applicant No. 1 is the Editor of the daily newspaper. The Pioneer published by CMYK Printech Ltd. the applicant No. 2 is the Reporter/author of the alleged defamatory news article and the applicant No. 3 is the Publisher of the said newspaper. They are professions and highly skilled persons and associated with the newspaper industry which is known for its integrity and long standing. Smt. Pragya Prabhati Mishra, the O. P. No. 1 who at her own gave the statement which was published in the Sunday Pioneer (English) edition on 2-12-2001. Her husband was also present when her statement was recorded. He has also been arraigned as O. P. No. 2. At the behest of such statement made by Smt. Pragya Prabhati Mishra that news article was published with the titled "original sin". That article is the exact reproduction of the statement and the allegations made by O. P. No. 1 regarding the agony she suffered in her life, wherein she was posed to grow up on incest with full support of her family which was part of known religious cult known as Sahaj Margi, which according to her is part of "shri Ram Chandra Mission. The said news item made the disclosure of the events which happened in the life of Smt. Pragya Prabhati Mishra due to her being part of the said cult. It has further been mentioned that even a bare perusal of the news item would not exhibit anything defamatory qua the O. P. No. 2. In the above backdrop separate complaints, under Section 500 IPC were brought in the Court of learned Addl. Chief Judicial Magistrate II, Saharanpur wherein all the three applicants were made accused. In all these complaints it has also been alleged that the persons arraigned as the accused had the reason to believe that the news article dated 2-12-2001 published in the newspaper would be defamatory and impute the reputation of the complianant and the Mission and so they are responsible for the loss of reputation of the complainant and the Mission. That article is said to be false, baseless and scandalous. To the contrary "shri Ram Chandra Mission" is totally spiritual institution involved in search of truth through meditation and Sahaj Marg. The accused have conspired against the pious institution by making such defamatory publication. The persons who were associated with the said institution have started changing their views in respect of said Mission as well as of the complainants and they have also started saying that the complainants were associated with the institution which is involved in immoral and antisocial activities. The trial Court after, taking into consideration the allegations made in the complaints and also the statements of the witnesses recorded under Sections 200 and 202 of the Code found a prima facie under Section 500 IPC and took the cognizance. Simultaneously summons were also issued against the accused applicants.

(3.) THERE is no denial from the side to the accused applicants for making the publication of the aforesaid news item but they have given much emphasis that it was on the basis of the statement made by Smt. Pragya Mishra. The news item extracted above and also the allegations made in the complaints are prima facie libelous and defamatory. Prima facie offence is made out against the accused applicants disclosing the ingredients of the offence under Section 500 IPC.