VIVEK GOENKA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner, the Managing Editor Director of daily Loksatta is hereby assailing the propriety, correctness and legality of the order passed by the Judicial Magistrate (First Class) AC Court at Pune in Criminal Case No. 3729/96 whereby process has been issued against him in respect of the offences punishable under the provisions of S. 500 read with 34 of IPC.

(2.) IN the issue of 13-10-1996 a news item was published under the heading "punyatil SAHA SANCHYALKAVIRUDHA GADCHIROLIT GHAUNHA DAKHAL. BANAVAT MAHATICHYA ADHARE KOTYAVADHICHI FASAVNUK". Respondent No. 2 by filing the complaint in the said court alleged that by publishing such news item the present petitioner and some other persons defamed him and thereby committed offences punishable under the provisions of S. 500 read with S. 34 of IPC. 2a. Shri S. R. Chitnis pointed out paragraph No. 2 from the complaint which revolves around the acts alleged to have been committed by the present petitioner. It is necessary to mention it ad adverbatim.

(3.) SHRI Saste opposed the prayer vehemently.