N J NANPORIA Vs. BROJENDRA BHOWMICK

JUDGEMENT

(1.) THESE two Rules involve the same points for consideration and are accordingly taken up together for disposal. The first Rule, being Criminal Revision 238 of 1971, is at the instance of the two accused petitioners, N. J. Nanporia and S. A. Moore, and is directed against an order dated the 1st February, 1971 passed by the learned Chief Presidency Magistrate, calcutta, issuing processes under section 500 I. P. C. , against the two accused-petitioners as well as the co-accused and under section 501 I. P. C. against the accused-petitioner No. 2 and for quashing the said proceedings, being case No. C/224/71 pending before the learned Chief Presidency Magistrate, calcutta; while the other Rule, being Criminal Revision No. 327 of 1971, is at the instance of the two accuse petitioners, Ashoke Kumar Sarkar and Ram Krishna Ghosh, and is directed against an order dated the 6th February, 1971 passed by the learned chief Presidency Magistrate, Calcutta, issuing processes under section 500 I. P. C. against the two accused petitioners as also the co-accused and under section 501 I. P. C. against the accused-petitioners No. 2 and for quashing the proceedings based thereupon, being case No. C/248 of 1971, pending before the learned Chief Presidency magistrate, Calcutta.

(2.) THE facts leading on to the first rule can be put in a short compass. On or about the 8th November, 1970 a news item given, by a staff reporter was published from No. 4, Chowringhee square, Calcutta, under the heading "alleged wagon-breaker fatally shot". The report inter alia stated that one dulal Bhowmick, "alleged to be a wagon-breaker and wanted in connection with a number of police cases", was removed with bullet injuries from the crossing of Broad Street and Rifle range Road, P. S. Kareya to the hospital where he was pronounced dead. It was further reported that the said Dulal bhowmick "with seven associates, is alleged to have attacked a Special branch Police party with daggers and words at about 9-30 a. m. The policemen who were on their normal duty in the area, fired three rounds, one of which hit Bhowmick. " The complainant-opposite party, Sri Brojendra Bhowmick, who is a practicing Lawyer, filed a petition of complaint in the Court of the Chief Presidency Magistrate, calcutta, on the 1st February, 1971 against the two accused-petitioners as well as one co-accused, who was described as a staff reporter of The States-man, stating inter alia that the report published contained malicious and grossly false imputation against the complainant's deceased son, Dulal bhowmick, intending to harm or having reason to believe or knowing that such imputation will harm, the reputation of the deceased, if living, and that of the complainant and the members of his family. It was further averred that the entire report was mala fide and motivatingly designed to assassinate the character and reputation of the complainant's deceased son and to harm the feeling of the complainant and of others, injuring their position, prestige and life in the society. Sri H. S. Barori, who was taking up the file of the Chief Presidency Magistrate, calcutta examined the complainant and by his order dated the 1st February, 1971 issued summons under section 500 of the Indian Penal Code against all three accused persons and under section 501 of the Indian Penal Code against the accused No. 2 only. This is the backdrop of the first Rule.

(3.) THE facts in the second Rule being Criminal. Revision No. 327 of 1971 are substantially the same. The impugned report was published on or about the 8th November, 1970 corresponding to 22nd Kartik 1377 B. S. in the Sunday issue of the Ananda Bazar patrika, a daily newspaper published from No. 6, Prafulla Sarkar Street. Calcutta, under the heading "firing at kareya". The report inter alia stated that one Dulal Bhowmick aged about 21 years was seriously injured due to the filling resorted to by the Police when they were attacked by some persons alleged to be Naxalites at the junction of the Rifle Range Road and the Broad Street at about 9-30 a. m. in the morning and while he was being taken to the Police Case Hospital, he died. It was further reported that according to the police the deceased belonged to a party of wagon-breakers and that he was wanted in connection with a number of police cases. A petition of complaint was filed in the court of the Chief Presidency Magistrate, calcutta, on 6. 2. 1971 by the complainant-opposite party, Brojendra bhowmick, against the three accused petitioners alleging inter alia that the report published in the said newspaper amounted to defamatory imputation to the complainant's deceased son, harming the reputation of the said Dulal bhowmick if living and intended to be hurtful to the feelings of his family and that the said report was published with a malevolence to vilify the memory of the deceased. Sri H. S. Barori, who was taking up the file of the chief Presidency Magistrate, Calcutta, examined the complainant and by his order dated the 6th February, 1971 issued processes against the accused persons as mentioned above. Accused nos. 1 and 2 in both the cases who are the petitioners in the two Rules, appeared and were released on P. R. Two applications were filed thereafter in this Court praying for setting aside the impugned orders dated the 1st February, 1971 and the 6th February, 1971 respectively summoning the accused persons and for quashing the relevant, proceedings. Two rules were issued and all further proceedings were directed to be stayed.