(1.) WITH consent of the parties, matter is heard finally. The relief, i.e., direction to the District Magistrate, Jabalpur to decide the application filed by the petitioner under Section 340 of the Criminal Procedure Code, 1973 before deciding the preliminary objection an application under Section 8 B of the Press And Registration of Books Act, 1867 (hereafter referred as PRB Act) though looks innocuous but is frantically resisted by the respondent Nos. 1 to 5. Objection to the extent of the District Magistrate having locus to entertain an application under Section 340 Cr. P.C has also been raised. The controversy emanates with the petitioner filing an application under Section 8 B of PRB Act. This Section provides for :
(2.) IN furtherance to the application preferred by the petitioner an inquiry is being caused and on being noticed the3 respondent Nos. 1 to 5 have raised preliminary objection as to maintainability of the application under Section 8 B of the PRB Act at the instance of the petitioner. Along with the preliminary objections the respondent Nos. 1 to 5 have filed documents and have made averments on oath. Some of these are alleged to be false and, therefore, the petitioner moved an application under Section 340 Cr.P.C. alleging that (i) in the preliminary objection filed on oath, most of the statements and produced documents are false and the false statements and documents have been filed to mislead the Court, to get dismissal of the pending cases of the application on the false grounds with an object to prove the case; (ii) that the false statements and documents filed by the respondent No. 1 has been filed with object to damage the applicant's application and also to prove their case; (iii) that the production of false documents and information before District Magistrate is offence under Section 195 of Indian Penal Code. The District Magistrate on receiving the application under Section 340 Cr.P.C has tendered the same to the opposite side, viz., the respondent Nos. 1 to 5 and posted the matter by order dated 15.2.2012 for arguments on the preliminary objections. The petitioner is aggrieved by the procedure adhered by the District Magistrate .
(3.) HEARD the counsel for the parties at length. The merit of the matter and more particularly the allegations in application under Section 340 Cr.P.C are not gone into, what is being examined is whether it will be lawful for the District Magistrate to first dwell upon an application under Section 340 Cr.P.C independently and then set out to hear the preliminary objections raised against applicant under Section 8 B of PRB Act. Before answering that, it is first to be seen whether the District Magistrate can entertain such application. "Magistrate " vide Section 1 (1) of the PRB Act has been interpreted to mean "any person exercising the full powers of a Magistrate, and includes a Magistrate of police ". The Magistrate under the PRB Act is empowered vide Part IV to inflict penalties. Subsection (4) of Section 3 of Criminal Procedure Code, 1973 deals with construction of references, which stipulates that: