RAJENDRA JAWAHARLAL DARDA Vs. PRABHAKAR KERBA DUBBEWAR

JUDGEMENT

(1.) This application is filed praying for quashing and setting aside the order of issuance of process dated 27.12.1999 passed by 3rd Jt. Judicial Magistrate, First Class, Nanded in R.C.C. No.824 of 1999 and the entire criminal proceedings in said case against the applicant as well as the impugned judgment and order dated 28th September, 2001 passed by the Additional Sessions Judge, Nanded in Criminal Revision No. 100/2000.

(2.) Background facts of the case are as under : A news items was published in Daily Lokmat, A'bad about arrest of respondent no.1 by the police of Akhada Balapur Police Station for the alleged offence U/Ss.420, 468, 471 r.w. 34 of IPC. It was reported that said Prabhakar Dubbewar was arrested on 10.7.98 and was produced before Magistrate who remanded him to police custody till 17.7.98. It was reported that police intercepted the luxury bus No.MH- 26-326 on suspicion that bus was not registered and was being run for more than 5-6 months on Nanded-Umerkhed road by displaying bogus registration No, thereby dubbing Government by non-payment of the tax by bus owner- Sandeep Amilkanthwar on whose name bus was standing but power of attorney was in favour of Prabhakar Dubbewar. At the relevant time petitioner was the Editor of Lokmat. However, one Shri. Mahaveer Jondhale was the Executive Editor and his name was published with the note that he is responsible for selection of news published in newspaper as per Press and Registration of Books Act, 1867. Learned J.M.F.C. Kalamnuri discharged all the accused in R.C.C. No.203/98 arising out of C.R. No.78/1998 of Akhada Balapur police station. Respondent no. 1 filed private complaint against 7 accused including petitioner (arrayed as accd. no.3) u/Ss.500 and 506 r.w. 120-B of IPC. Respondent no.1 also prayed for compensation of Rs.10,00,000/-. Learned 3rd Jt. J.M.F.C.. Nanded ordered for issuance of process against all the accused for the offence U/s.500 r.w. 34 of I.P.C. Petitioner filed Revision in the Sessions Court, Nanded challenging said order. Learned Addl. Sessions Judge, Nanded rejected Cri. Revision No. 100/2000. Hence this Criminal Application u/s.482. Cr.P.C..

(3.) It is further submitted that there is no dispute that the respondent no. 1 Prabhakar Dubbewar was arrested by the police, he was produced before the Magistrate for police custody remand, he was remanded to the police custody and the respondent no. 1 had moved an application for releasing him on bail, according to learned counsel, a newspaper is entitled to publish the report of the proceedings of court and as per the provisions of 4th Exception to Section 499 of I.P.C., it is clear that "it is not defamation to publish a substantially true report of the proceedings of a court of justice or of result of any such proceedings".