ACHARYA SARBATMANDA AVODHUTA Vs. TUSHAR KANTI GHOSH

JUDGEMENT

(1.) This appeal is directed against judgment and order dtd. 7/6/1988 passed by the learned Metropolitan Magistrate, 11th Court, Calcutta, acquitting the accused/respondents in Complaint Case No. C/1201/83 for offence punishable under Sec. 500 of the Indian Penal Code.

(2.) The Complainant's case in brief is that "Ananda Marga Pracharaka Sangha" popularly known as "Ananda Marga" is a society duly incorporated and registered having its registered office at Ananda Marga Public and the aims and object are to propagate the ideas and philosophy of "Ananda Marga", to take up literacy drive, social reforms, relief works etc., economic, physical, mental and spiritual development of mankind irrespective of caste, creed and or sect. At present the society is running about 400 Schools, Children Homes for destitute children, Charitable Dispensaries, Student Homes etc., all over the country and it also undertakes relief works at the time of natural calamities and also running Yoga Centres. The society "Ananda Marga Pracharaka Sangha" is governed by a governing body, a Central Committee and comprises of President, General Secretary and other office bearers and members and the complainant is the General Secretray and is well known to all who have respect for him and held him in high esteem and the society "Ananda Marga Pracharaka Sangha" has also unquestionable reputation and has been held in high esteem by the public in general and to its followers and devotees. The accused no. 1 is the Editor and the accused no. 2 is the Printer and Publisher of daily Bengali Newspaper "Jugantar" which has a large circulation in the State and in its publication/issue dtd. 20/4/1985 of the said Newspaper the accused no. 1 and 2 made, edited, printed and published a defamatory statement about the said Ananda Marga under the heading "Marga Ashram Theke Kishore Uddhar" meaning that a boy was recovered from Ananda Marga Ashram and under the said news item the accused no. 1 and 2 falsely and maliciously made, wrote, printed and published a news of Ananda Marga, and published that a missing boy from Sonarpur has been recently rescued from Varanasi Ananda Marga Ashram by Calcutta Police and the said boy was confined in Ananda Marga Ashram at Jodhpur Park and on search by his father Pulin Mondal, the boy could not be found there and when the father did not find him there he lodged a complaint with the police. Then, Pulin Mondal got a letter from his son that he was at Varanasi, Ananda Marga Seva Dharma Mission, and the boy was rescued from Ananda Marga Seva Dharma Mission, Village Chitapur, P.O. Sundarpur, P.S. Lanka, District- Benaras, Uttar Pradesh. By the said publication the accused persons made and understood to mean that Ananda Marga of which the complainant is the General Secretary confined the said Shasanka Sekhar Mondal in its Ashram at Jodhpur Park and recovered/removed him to Varanasi Ashram and he was rescued from there and the said Ananda Marga organization is engaged in child lifting and keeping them confined, wrongfully in their Ashram. The accused persons have harmed the reputation of Ananda Marga and all its members including the complainant and made such false and malicious imputation concerning the complainant and his society knowingly or having reason to believe that the same would harm their reputation and the said publication had defamed the Ananda Marga and all its members and the complainant's company is now being shunned by the people who have been misled to believe that it is an organization engaged in child lifting. The said publication is absolutely false and by this false publication the position of complainant and the Ananda Marga and it members have been lowered in the estimation of others. The said issue of "Jugantar" was sold and read by public, friends and acquaintances of the complainant in various parts of the State including Calcutta and hence the case.

(3.) The accused/opposite parties pleaded not guilty under Sec. 251 Cr.P.C. for offence under Sec. 500 IPC and claimed for trial.