ASHOK SINGHAL Vs. STATE OF U P

JUDGEMENT

(1.) AMAR Saran, J. Heard Shri R. P. Goyal assisted by Shri Manish Goyal, learned Counsel for the applicant, Shri N. I. Jafri, learned Counsel appearing for opposite party No. 2 and learned Additional Government Advocate representing the State and perused the application under Section 482 Cr. P. C. and the affidavit filed in support thereof, counter-affidavit filed by opposite party No. 2 and the written argument filed on behalf of the applicant.

(2.) THIS application has been filed for quashing criminal proceedings in Criminal Case No. 106 of 1990, Khurshidur Rahman v. Sri Ashok Singhal & Ors. , pending in the Court of IV Judicial Magistrate, Aligarh and the order dated 27- 2-1990 passed by the IV Judicial Magistrate taking cognizance against the applicant under Sections 108, 153-A, 153-B, 295, 298 and 501 IPC.

(3.) ON the basis of the aforesaid complaint and after examining the complainant under Section 200 Cr. P. C. and his witnesses Amiruddin and Munawwar Ali under Section 202 Cr. P. C. and the documentary materials, which consisted of the interview as published in the weekly 'panchjanya' and the report of the S. S. P. , Aligarh (Exts. Ka-5 and Ka-6), the learned Magistrate summoned the applicant, who was the General Secretary of the Vishwa Hindu Parishad and Ram Janam Bhoomi Samiti, Mukesh Kaushik, Journalist in the said weekly, Hem Das Kotwani, Printer and Publisher of the said weekly and Ram Shanker, the Chief Editor of 'panchjanya' by the order dated 27-2-90.