BRIJ MAHESHWARI Vs. ARUN JAIN

JUDGEMENT

(1.) THE petitioner has filed the aforesaid petition under Section 482, Cr.PC for quashing the proceedings against her pending before learned Judicial Magistrate, First Class, Indore in Criminal Case No. 423/2004.

(2.) THE non -applicant No. 1 Arun Jain has filed criminal complaint under Section 499/500 of the Indian Penal Code against five persons named Karan Singh Panwar, Prafulla Maheshwari, the Editor of daily newspaper Navbharat; Indore; Mr. Satyabhushan Sharma, Printer and Publisher of daily newspaper Navbharat, Indore; M/s. Ramgopal Investments Pvt. Ltd., Navbharat Press and City Reporter Mr. Tejkumar, daily newspaper Navbharat, Indore; alleging that non -applicant Karan Singh Panwar gave a false news to daily newspaper Navbharat, Indore and got it published in the newspaper in the edition of 28th July, 2001 under the heading and caption that: - - .........[vernacular ommited text]........... Under this heading and caption, false news has been published just to defame and degrade the non -applicant/complainant intentionally in the eye of the public, his relations and colleagues.

(3.) ON 16 -4 -2004, non -applicant No. 1/complainant filed an application for issuance of process against applicant in place of accused No. 4 M/s. Ramgopal Investments Pvt. Ltd., Navbharat Press. Learned Judicial Magistrate First Class directed the complainant to produce some documentary evidence regarding ownership of the applicant or her relations with the newspaper and fixed the case for 2 -7 -2004. On 2 -7 -2004, non -applicant No. 1 produced Annual Report of the Company showing that the petitioner was the Director of the Company. On the basis of this, learned Trial Court passed the order for the presence of the petitioner on 5 -8 -2004. This order was challenged in revision and the revision was partly allowed. The applicant was directed to appear before the learned Magistrate on 7 -10 -2004 and furnish regular bail. On failure of appearance, Trial Court was directed to take necessary further legal action against the applicant.