AJAY JHA Vs. LATE BISAMBHAR DAYAL AGRAWAL

JUDGEMENT

(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.

(2.) THE controversy emanates with the petitioner filing an application under Section 8 B of PRB Act. This Section provides for : 8B. Cancellation of declaration. ? If, on an application made to him by the Press Registrar or any other person or otherwise, the Magistrate empowered to authenticate a declaration under this Act, is of opinion that any declaration made in respect of a newspaper 2 should be cancelled, he may, after giving the person concerned an opportunity of showing cause against the action proposed to be taken, hold an inquiry into the matter and if, after considering the cause, if any, shown by such person the matter and if, after considering the cause, if any, shown by such person and after giving him an opportunity of being heard, he is satisfied that? (i) the newspaper, in respect of which the declaration has been made, is being published, in contravention of the provisions of this Act or rules made there under; or (ii) the newspaper mentioned in the declaration hears a title which is the same as, or similar to, that of any other newspaper published either in the same language or in the same State; or (iii) the printer or publisher has ceased to be the printer or publisher of the newspaper mentioned in such declaration; or (iv) the declaration was made on false representation or on the concealment of any material fact or in respect of a periodical work which is not a newspaper; the Magistrate may, by order, cancel the declaration and shall forward as soon as possible a copy of the order to the person making or subscribing the declaration and also to the Press Registrar. In furtherance to the application preferred by the petitioner an inquiry is being caused and on being noticed the 3 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.) SUB?section (4) of Section 3 of Criminal Procedure Code, 1973 deals with construction of references, which stipulates that:?