VIJAY JAWAHARLALJI DARDA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicants are invoking the powers of this Court under Section 482 of the Code of Criminal Procedure and under Article 226 and 227 of the Constitution of India for quashing the proceeding bearing S.C.C. No.2223 of 2008 lodged by the respondent no.2 for the offence punishable under Section 500 of the Indian Penal Code in respect of a news item published by them on 11.07.2008 in their news paper 'Lokmat'. The applicant no.1 is the Chairman, applicant no.2 is the Chief Editor, applicant no.3 is the Editor and the applicant no.4 is the reporter from village Kasoda Taluka Erandol, District Jalgaon.

(2.) The respondent no.2 filed a private complaint in the Court of the Chief Judicial Magistrate, Jalgaon alleging that in 'Lokmat' dated 11.07.2008 a news item was published on the front page under the caption 'Narbali cha pryatna' (Attempt at Human Sacrifice) with a sub heading 'Jalu Gramsthanche Madtine Vachale Balkache Pran' (A Child survives death scare because of alertness of Jalu villagers). The respondent no.2 claimed to be a social worker and a Founder President of Akhil Bhartiya Rajarshree Shahu Brigade, Jalgaon, which has been registered as a union at Nashik. There are number of branches of the organization through out the State of Maharashtra. He alleged that under above caption a news was published mentioning that the respondent no.2 and ten members of his organization were taken to the police station on 10.07.2008. They were in police station till 11.07.2008 still the police could not collect any evidence and did not register any crime. In spite of that the news item was published. This was done by the applicants with intent to harm his reputation and the reputation of his organization. As a result of such a news item many persons started spreading rumours and started questioning him about the contents of the news item. He is defamed. He has been put to disrepute. He thereafter alleged that on 17.07.2008 he sent a notice to the applicants through his advocate and demanded the particulars on the basis of which the news item was published. However they did not respond and therefore they were liable to be punished. The learned Magistrate recorded the statement under verification and by the order dated 28.08.2008 directed the process to be issued.

(3.) The learned advocate for the applicants submits that it is a fact that a news item was published as was alleged on 11.07.2008 in the news paper 'Lokmat' (Exhibit-C). There is no question about disputing this fact and the news item is very well there to be read and must have been read by many persons. However, according to the learned advocate, what was published was merely a report about the incident and no opinion was expressed. It was a truthful reporting of an incident wherein the respondent no.2 and his associates were indeed found moving in the village as a group with a boy named in the news item. The villagers suspected that the child was being carried by these people for sacrifice and one human skull was found. The persons were accosted by the villagers. The villagers assaulted them and took them to police station and the process of registering crime was going on till late in the night and Sub Inspector Khan of Bhadgaon was inquiring into it. He would further submit that it was a candid reporting in as much as even the version of the respondent and his associates to police that they had come there for a party was also mentioned in the news item.