(1.) These two petitions questioning continuance of two separate criminal cases against the petitioners' newspapers are being disposed of by this common judgment because of the common question of law involved, though facts giving rise to these petitions are different.
(2.) The petitioners in Writ Petition No.10/2011 are the Executive Editor and publishers of Marathi newspaper Pudhari. Before 22/11/2009, a meeting was held in Menezes Braganza Institution at Panaji. Advocate Govind Pansare the accused no.4 and Dr. Narendra Dabholkar- the accused no.5 in the complaint, addressed the said meeting. The petitioners' newspaper published this news on 22/11/2009. The news item refers to Sanatan Sanstha and reports that Advocate Govind Pansare stated that the institutions like Sanatan Sanstha were harming religion. Similar were the observations of Dr. Narendra Dabholkar reported in the petitioners' newspaper.
(3.) After this news item was published, on behalf of Sanatan Sanstha, Shri Virendra Pandurang Marathe claiming to be its Managing Trustee, filed a complaint in the Court of Judicial Magistrate, First Class, Ponda for the offences punishable under Sections 500, 501 and 502 read with Section 34 of the Penal Code against the petitioners, Advocate Panasare and Dr. Narendra Dabholkar. It was alleged that this publication was defamatory and contained imputations, which were false to the knowledge of the accused. Learned Judicial Magistrate, First Class examined Virendra Marathe and one Shriram Parshuram. Shriram Parshuram stated that because of the article published in daily Pudhari, a doubt was created in his mind about the activities of Sanatan Sanstha. Learned Magistrate then directed issuance of process for the offences punishable under Sections 500, 501 and 502 read with Section 34 of the Penal Code.