DISTRICT Vs. AHMEDNAGAR SUDHIR ANANDRAO LANKE

JUDGEMENT

(1.) Present application has been filed by original accused no.02 by invoking inherent powers of this Court under Section 482 of the Code of Criminal Procedure, 1973, to quash and set aside the order dated 03.03.2017, passed by the Judicial Magistrate (F.C.), Ahmednagar, whereby the order of issue process against the present applicant for the offence punishable under Sections 500, 501, 502, read with Sections 34 and 120B of the Indian Penal Code came to be passed in S.C.C. No. 554 of 2017 on complaint dated 25.01.2017 lodged by respondent no.01 complainant. The applicant is also challenging the order passed by the learned Additional Sessions Judge, Ahmednagar, in Criminal Revision No. 124 of 2017, dated 13.09.2017, confirming the order of the learned Magistrate by dismissing the revision petition.

(2.) The applicant contends that he is serving as head of Ahmednagar edition of daily Lokmat which is widely circulated through the Maharashtra. As a journalist, it was his duty to bring to the notice of public at large, the things which are going on in public trust without taking anybody's side. He submits, that it is always the job of journalist to criticize functioning of public officers so that they work within the framework of the Constitution as well as various laws. He has freedom of speech as well as expression which is the right guaranteed under Article 19 of the Constitution of India. He has written news articles from 06.01.2017 to 19.01.2017 under the heading 'Mohatyachi Maya'.

(3.) After receipt of the summons, the applicant had approached Sessions Court in Criminal Revision No. 124 of 2017, thereby raising several grounds stating that no offence is made out.