AVEEK SARKAR Vs. STATE OF W B

JUDGEMENT

(1.) This revisional application has been preferred by the petitioners praying for quashing the complaint case bearing No. C-107 of 1994 under sections 500/ 501/ 502/ 34 of the Indian Penal Code (in short IPO now pending in the Court of the learned Metropolitan Magistrate, 5th Court, Calcutta and the order dated 24.5.94 passed by the said learned Magistrate thereby keeping the application under section 205 of Cr. PC filed by the petitioners pending till their appearance personally before the Court.

(2.) In spite of service of notice the opposite party No. 2, i.e. the de facto complainant did not appear and accordingly the Court heard the petitioners only.

(3.) Learned Advocate for the petitioners contended that petitioner No. 1 is the Editor of leading Bengali newspaper "Anandabazar Patrika", petitioner No. 2 is the publisher-cum-printer and petitioner No. 3 is a journalist employed by the Anandabazar Patrika. On or about March 25, 1994 an announcement/ advertisement was published in the said patrika regarding publication of series of articles on Netaji Subhas Chandra Bose and in pursuant to that certain articles were published regarding life of Netaji Subhas Chandra Bose in the said newspaper on March 29 and March 30, 1994. The said articles dealt with Netaji Subhas Chandra Bose's relationship with one Emillie Schenkl. Among the two articles one was written by granddaughter of Netaji based on a book written by Emillie Schenkl, the wife of Netaji Subhas Chandra Bose and the other was the comments regarding burning of newspaper which contained the article published on March 27, 1994. The said articles were published after taking reasonable steps and ascertaining veracity of the facts contained therein. As the said articles were concerning matter of public interest and comments were based on facts believed to be truly stated the words used in the said articles in so far as they consist of expression of opinion were fair comments. On or about 5th April, 1994, the de facto complainant filed a complaint in the Court of the learned Additional Chief Metropolitan Magistrate alleging that being Ex- Mayor and Ex- M.P. and one of the greatest admirers of Netaji Subhas Chandra Bose, he was hurt regarding the news item published in Anandabazar Patrika on March 27 and March 29,1994 where the character of Netaji was assassinated and image of Netaji Subhas Chandra Bose was brought down in the estimation of countrymen. It was further alleged in the complaint that due to the result of such publication the reputation of national hero Netaji had been belittled in the eyes of his admirers and followers and the said articles contain scandalous advertisement news and by publishing such news item the petitioners have committed offence under sections 500/ 501/ 5027 34 of IPC.