ALOK MITRA Vs. E VENKATRAYA CHOUDARY

JUDGEMENT

(1.) Who is the person that has the requisite right to initiate proceedings under Section 199 Cr P C for an offence of defamation, is the question that poses itself for decision in this petition filed under Section 482 Cr. P. C.

(2.) The facts of the case unfold fascinating insights into the ways of the world and its inhabitants, 'Probe India' is a monthly magazine of investigative reporting published from Allahabad. The petitioner is the Editor-in-Chief of the said magazine. In the issue of July 1980, an article was published under tha caption "Where Daughters Are sold". This article was written by one V. Sekhar. Untold until now, the publication contained an article of horrifying surprise of hairraising mystery. The opening words of the article read.

(3.) Edara Vankataraya Chowdary, 8 resident of Muramenda village who is the First respondent in this petition, filed a complaint before the Judicial First Class Magistrate, Rajahmundry against the accused Petitioner for offences under Sections 500 and 501 IPC alleging that the article contained in the publication was highly defamatory in character. Aceoid- ing to him he is a respectable member of the village and has got a daughter of marriageable age, against whom also the aspersion Is deemed to have been made. The head-note in the article also reads: