T VENKATRAM REDDY Vs. M MALLA REDDY

JUDGEMENT

(1.) W.P. No.28387 of 1998 has been filed by one T. Venkatram Reddy s/o late Sri T. Chandrasekhar Reddy under Article 226 of the Constitution of India.

(2.) The averments made in the writ affidavit are as under: The petitioner claims to be one of the partners of the partnership firm, which is running the English Daily "Deccan Chronicle" and which is published from Secunderabad. The first respondent herein filed a criminal case in C.C. No. 730 of 1996 in the Court of the X Metropolitan Magistrate, Secunderabad for an offence punishable under Section 501 I.P.C. alleging that certain articles were published in the said newspaper relating to the affairs of the Osmania University when the first respondent was functioning as the Vice-Chancellor of the said University. In the said complaint, the first respondent had indicated the name of the petitioner as the owner/proprietor of the said newspaper. The petitioner herein was shown as Accused No.1 in the complaint whereas one Mr. O. Thomas, the publisher of the newspaper, was shown as Accused No.2 and one Mr. P.N.V. Nair was shown as Accused No.3.

(3.) It is further averred by the petitioner that even as per the version of the first respondent herein i.e., the complainant, the petitioner is the owner/ proprietor of the said newspaper while Accused Nos.2 and 3 are the publisher and editor respectively. In the face of the admitted facts, the learned X Metropolitan Magistrate, Secunderabad has taken cognizance of the said private complaint and issued summons to all the accused. The petitioner was not aware of the said complaint till recently. The petitioner learnt that the learned Metropolitan Magistrate has issued Non-Bailable Warrant against the petitioner though he did not receive summons at any point of time.