ALOK NATH BHADRA Vs. ALOK DUTTA DAS

JUDGEMENT

(1.) On complaints made by different complainants process under Sec. 500 of the Indian Penal code have been issued by the learned Judicial Magistrate (Howrah) against M/s. Dipali Press of which the present petitioner is a partner and another accused by the name of Sri Hiren Bose. The said Hiren Bose has not challenged these proceedings and accordingly service on him in all those Rules was dispensed with by an order of this Court dated 21st July, 1984.

(2.) The only allegation in these petitions of complaint against Dipali Press regarding the alleged defamatory matters is that Dipali press "is the relevant Press where it has been printed". The allegation against the said Hiren Bose is that he is the Editor of a Bengali Weekly paper known as "Darpan" in which the said alleged defamatory matters appear.

(3.) It has been urged by Mr. Raha, learned Advocate for the petitioner that the processes issued against the accused Dipali Press of which, admittedly, the present petitioner is a partner, are unsustainable in law. He has submitted that in conformity with Sections 3 and 5 of the Press & Registration of Books Act, 1867(Act XXXV of 1967), the name of Hiren Bose has been clearly stated in the "Darpan" as being the Editor and Printer. In each issue of "Darpan" the name of the Editor, Printer and Publisher is printed as follows: - Editor - Hiren Bose. Printed from Dipali Press, 123/1, Acharya Prafulla Chandra Road, Calcutta - 6, by the Editor and Published by Darpan Karyalaya, 61, Molt Lane, Calcutta - 13." No process has been issued against Darpan Karlaya.