DONGARSINGH Vs. KRISHAN KANT VYAS

JUDGEMENT

(1.) THIS is a petition under Section 417 (3) of the Criminal Procedure Code for leave to appeal against the order of acquittal passed in favour of opponents Krishankant vyas and Chandulal Shah by the Sessions Judge Ujjain in Criminal Appeal No. 30 of 1956.

(2.) THE opponents were respectively the Editor and Printer and Publisher of the daily newspaper 'nai Dunia' at the material time. The ease, our of which the present proceeding arose, was launched on the basis of a complaint filed by the petitioner Dongarsingh of Makadavan against the opponents and 011. 3 shivshankar Raol in respect of certain defamatory matter which was published in the issues of 'nai Dunia' dated 27th and 28th of July 1050. . ". Complaint of the petitioner was that the Impugned publication related to him and that the same was highly defamatory and was calculated to harm his reputation and lower his prestige. Warrants were issued against all the three under Section 500, I. P. C. , as a result of this complaint.

(3.) THE trying Magistrate found ths opponents guilty of an offence under Section 500, I. P. C. , and sentenced them each to pay fine -- opponent Krishnakant Rs. 200/- and Chandulal Rs. 75/ -. He acquitted Shivshankar Real.