MUNESHWARANAND TYAGI Vs. STATE OF U P

JUDGEMENT

(1.) The main point raised in this petition under Article 226 of the Constitution is the validity of Section 198-B of the Code of Criminal Procedure. Muneshwaranand Tyagi is the petitioner.

(2.) According to his affidavit, he is the printer, publisher and editor of a weekly "chingari" published from Bijnor. The issue of Chingari dated 12-3-1956 contained an article commenting on the policy of the State Government about transfer of its officers. The authorities took the view that the article amounted to defamation of Dr. Ram Lal, District Medical Officer of Health. On 11-9-1956 the Public Prosecutor filed a complaint against the petitioner under Section 198-B Cr. P. C. alleging that the petitioner is guilty of defamation under Section 500, I. P. C. The petitioner's contention is that Section 198-B, Cr. P. C. is unconstitutional, and, therefore the proceedings instituted against the petitioner are illegal. This contention was raised before the learned Sessions Judge, Bijnor also, but was overruled by him. Hence this petition under Article 226 of the Constitution for quashing the proceedings pending against the petitioner before the learned Sessions Judge, Bijnor.

(3.) It is to be noted that the petition is directed against proceedings pending before the Sessions Judge. He is not, however, a party in the writ petition, The Sessions Judge, Bijnor ought to have been impleadcd in the writ petition. Dr. Ram Lal, opposite party No. 3, has filed a counter-affidavit.