TANKASALA ASHOK Vs. STATE OF ANDRA PRADESH

JUDGEMENT

(1.) This petition is filed by the accused Nos.3 and 4 (A-3 and A-4) under Section 482 Cr.P.C, for quashing proceedings in C.C.No.258 of 2006 on the Hie of II Additional Judicial Magis-trate of the First Class, Nellore relating to offence punishable under Section 500 IPC.

(2.) Subject matter of this petition is, news item in Nellore Town Tabloid of Vaartha daily newspaper dated 08.10.2002, which relates to committing of rape by a father on his daughter. In the news item, name of the culprit is given as suspended police con-stable Venkata Mastanayya with Roll No. 1219. It is contended that the 2nd re-spondent is the Police Constable with Roll No. 1219 and not the culprit and that even though the culprit was police constable with Roll No. 1299, the accused gave Number as 1219 in order to defame the de facto com-plainant. On those allegations, the 2nd re-spondent filed private complaint in the lower court against the reporter Nagendra Singh as A-l, Desk In-charge Nazeer as A-2, the Editor Tankasala Ashok as A-3 and the Managing Editor & Chief Managing Director Girish Sangvi as A-4. A-3 and A-4 alone filed this petition. Prior to filing of the private complaint, the 2nd respondent got issued notice dated 16.10.2002 to A-l to A-4. After receiving notices, it is stated by the petitioners' counsel that errata was pub-lished on 29.10.2002 in Nellore Town Tab-loid of Vaartha daily newspaper to the ef-fect that number of the constable in the news item dated 08.10.2002 may be read as 1299 instead of 1219. Without satisfying about the said errata, the 2nd respondent filed the private complaint in the lower court.

(3.) In my opinion, publishing errata is not proper by the accused without expressing any regrets for the original publication. In case, the accused realised their mistake in original publication, the editor should have published a notice expressing regrets or sorry or pleading excuses for the mistake in original publication; and the said notice should have been signed by the editor. With-out following such known and desirable practice, the accused showed their indiffer-ence for their earlier mistake and published only errata instead of notice of regrets.