RADHANATH RATH Vs. BIRAJA PRASAD RAY

JUDGEMENT

(1.) Both accused persons convicted under S. 501, IPC and sentenced to pay a fine of Rs. 50/- each are petitioners in this revision.

(2.) On 12-12-1978, a news item was published in the Oriya Daily Newspaper 'the Samaj' of which petitioner No. 1 is the Editor and petitioner No. 2 is the Publisher. In the news it was that complainant was arrested and brought to Court in handcuff on account of which the arresting officer was transferred within 24 hours, a security proceeding under S. 110, Cr. P.C. in which 139 persons were examined was forwarded to Court of Sub-divisional Judicial Magistrate, Cuttack against the petitioner on 4-11-1978 for initiating a proceeding and complainant gave shelter to some of the dacoits at his Jobra residence who were connected with four incidents those took place in Badambari colony.

(3.) Alleging that the aforesaid printing and publication is, defamatory against complainant, he filed the complaint on. ' 20/12/1978. After enquiry under S. 202, Cr. P.C. cognizance was taken by the learned Sub-divisional Judicial Magistrate on 28-3- 1979.