ASHOK SINGHAL Vs. STATE OF U P

JUDGEMENT

(1.) 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, 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.) The allegations in the complaint dated 5-6-1989 were that an article appeared in the weekly news magazine "Panchjanya" on 30-4-1989, which carried an interview of Ashok Singhal, General Secretary of the Vishwa Hindu Parishad, the offending portion of which read :