PARAMITA LIVINGSTONE Vs. PRABIR CHAKRABORTY

JUDGEMENT

(1.) By means of this petition, the petitioners, who are the Executive Editor and Printer & Publisher of a newspaper known as the Dainik Sambad, have prayed for quashing of criminal proceedings in criminal case No.C.R.37 of 2005 under sections 499/500/501 of I.P.C pending in the Court of learned Chief Judicial Magistrate, West Tripura, Agartala.

(2.) Briefly stated the facts of the case are that the petitioners published a news item regarding excesses committed by the complainant Prabir Chakraborty in his capacity as Councilor of the Municipal Counsel, Agartala. In the news item it was reported that the Urban Development Minister had stated in the Legislative Assembly that in case any specific complaint is filed against Sri Prabir Chakraborty the government would take action.

(3.) The offending lines, on the basis of which defamation is sought to be made out, are attributed to the accused no.3 who is also respondent no.2 herein Sri Sudip Roy Barman who complained that though Prabir Chakraborty is just a councilor but he was enjoying very high powers and was indulging in extorting money from the businessman. The complainant filed a complaint in the trial Court and claimed that the article was defamatory and harmed his reputation.