BIJIT KUMAR BASU Vs. DILIP KUMAR SINHA

JUDGEMENT

(1.) The hearing stems from an application under Section 482 read with Sections 397/401 Cr. P.C filed by the petitioner praying for setting aside the order dated 14.11.2000 passed by the learned Metropolitan Magistrate, 12th Court, Calcutta and quashing the proceeding being Case No. C-153/99 against accused No. 4 Ananda Bazar Patrika.

(2.) The circumstances leading to the above application are that O. P. No. 1 filed a complaint being registered as C-153/99 under Sections 500/501/502 I.P.C. against pro-O.P. Nos. 2 & 3 and the present petitioner who are Executive Editor & Reporter, Editor, and Printer & Publisher respectively of Ananda Bazar Patrika as also Ananda Bazar Patrika fiquring as accused No. 4. As pro-O.P. Nos. 1 & 2 and the present petitioner are responsible for the day to day affairs of the business and publication of the Ananda Bazar Patrika, and Ananda Bazar Patrika is only a brand name of a newspaper which is not a legal entity and is incapable of committing an offence of defamation, and Ananda Bazar Patrika Ltd. is not a juristic person, the petitioner filed a petition praying for recalling/withdrawal of summons issued to accused No. 4 which was rejected by the impugned order.

(3.) Being aggrieved by the said order, the petitioner has preferred the present application.