RANVIJAY SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This petition under Section 482 CrPC has been filed by the petitioners, who were working as Group Editor, Local Editor and Press Reporter, Sahara India Mass Communication, Lucknow, impugning the order of summoning dated 23rd February, 2010, under Sections 499, 500, 501 and 502 IPC passed by the Additional Chief Judicial Magistrate, Court No. 32, Lucknow in Criminal Complaint Case No. 2211 of 2010 'Ramveer Upadhaiya Vs. Jaibrat Roy and others' instituted by the respondent no. 2. Further prayer has been made to quash the complaint itself.

(2.) The respondent no. 2, at the relevant point of time, was the Minister in the State Cabinet, Department of Energy. A news item was published on page 11 of the Rashtrya Sahara, Daily Hindi Newspaper on 11th September, 2009. The offending news item reads as under:-

(3.) The basis of the aforesaid news item was a letter dated 12th September, 2008 written by Mr. Krishna Gopal, Special Secretary, Confidential Department. This letter was sent on behalf of the Chief Minister to Mr. J.N. Chamber, Principal Secretary, Energy (Electricity Department), and subsequent reminder letter dated 22nd July, 2009 sent by Mr. Krishna Gopal, Special Secretary to Mr. Navneet Sehgal, Secretary, Department of Energy, Government of Uttar Pradesh, asking for inquiry report on the charge of demanding Rupees Ten Lakhs from the Chief Engineer, on refusal transferring him, and putting him under suspension. Copies of the letters dated 12th September, 2008 and 22nd July, 2009 as well as the alleged complaint made by Mr. R.K. Kashyap on 3rd August, 2008 to the Chief Minister, Government of U.P. have been placed on record as Annexure-5 to the petition.