RAMESH SINHA Vs. PUBLIC PROSECUTOR LUCKNOW

JUDGEMENT

(1.) The two applicants in this revision petition are Sri Ramesh Sinha, the Chief Editor, Printer and Publisher, and Sri Kali Shankar Shulela, Editor of the Weekly called Jan Yug published from Kaiserbagh, Lucknow. The petition itself has arisen under the following circumstances :

(2.) Purporting to act under Section 198-B, Cr. P. C. the opposite-party, who is the Public Prosecutor, Lucknow, filed a complaint under Section 500 of the Indian Penal Code against the two applicants on 6-4-1959. Sanction to prosecute the two applicants was obtained under Section 198-B (3) (a) of the Criminal Procedure Code from Sri N.G. Kaul, Home Secretary, U. P. Government, and the complaint was filed before the Sessions Judge, Lucknow. It was alleged in the complaint that in the issue of 'Jan Yug' dated the 2nd November, 1958, there was a news item under the caption "Yeh bis lakh kaise bante", which contained scandalous statements against Dr. Sampurnanand, Mukhya Mantri, U.P. and Sri Hafiz Mohammad Ibrahim, Ex-Vitt Mantri, U.P. in respect of acts done by them in their capacity as Ministers of the U.P. State. It was stated that the article appearing under the above-mentioned caption was defamatory of Di. Sampurnanand and Sri Hafiz Mohammad Ibrahim, as it contained baseless imputations which were intended to harm or which the accused knew or had reason to believe would harm, their reputation and lower them in the society, in the political field and in the eyes of the Government. It was further, emphasised that by publishing the said libelous news the accused intended or in any case the accused had every reason to believe that the imputations contained in the said news would or were likely to lower the credit of the aforesaid two Ministers, their character in respect of their office, their position in life and their calling in the estimation of others. A copy of the 'Jan Yug' which contained the aforesaid alleged defamatory article was filed along with this complaint.

(3.) On receipt of this complaint, the learned Sessions Judge summoned the accused and examined three witnesses produced by the prosecution. The statements of the accused were recorded on the 24th September, 1959. Both the accused admitted having printed and published the article in question but denied that it was defamatory. A charge under Section 500 of the Indian Penal Code was framed against both the accused on the same date. It appears from the record that earlier on the 24th July 1959, an application was presented by the accused in which several objections were raised to the maintainability of this complaint. Notice of this application was given to the District Government Counsel and the 13th August, 1959, was fixed for its disposal. Eventually final orders were passed on this application on the 25th Aug. 1959, by which the learned Sessions Judge overruled all the objections raised in the said application. The present revision petition has been filed against the aforesaid order of the learned Sessions Judge.