VISHWA NATH Vs. YOGENDRA NATH TRIPATHI

JUDGEMENT

(1.) This is a petition under section 482 Cr.P.C. for quashing criminal proceedings initiated against the applicant under sections 153-A, 292, 295-A and 500 I.P.C. an the complaint moved by the opposite party No. 1 Sri Yogendra Nath Tripathi.

(2.) Brief facts for the purposes of deciding the present application are that the applicant Vishwa Nath is the editor, and publisher of monthly Hindi Magazine BHOO BHARATI. In December (1st) 1980 part, one article under the caption PILOT BABA PUR KHANDESWARI BABA KAND was published in this Magazine. On 22-12-1980 the opposite party No. 1 filed a complaint under sections 292, 295, 295-A, 500, 501 and 153-A I.P.C. against the applicant on the ground that behind the publication of the article the intention of the applicant was against the Hindu religion and lowering the prestige of khandeshwari Maharaj and Pilot Baba and their followers. According to the complaint the article has also created an atmosphere against the religion in the society and thus by publication of the Article the complainant and other persons have been defamed.

(3.) The Special Judicial Magistrate, after examining the witnesses under section 200 Cr.P.C. summoned the applicant on 11-12-1980 under sections 153-A, 292, 29S-A and 500 I.P.C.