SERVANTS OF THE PEOPLE SOCIETY Vs. PYARIMOHAN MOHAPATRA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 15-12-2005 passed by a learned single Judge of this Court dismissing W. P. (C) No. 14443 of 2005.

(2.) The appellants, filed the aforesaid writ petition before the learned single Judge praying for stay of all further proceedings in C. S. (III) No. 173 of 2005 pending before the learned Civil Judge (Senior Division), Bhubaneswar till disposal of I.C.C. No. 2855 of 2005 pending before the learned Sub-divisional Judicial Magistrate, Bhubaneswar arising out of same cause of action.

(3.) Appellant No. 1 being the Servants of the People Society is a society registered under the Societies Registration Act, 1960. Appellant No. 2 is the Secretary of appellant No. 1 and Executive Secretary of the Board of Management of Orissa Branch of the said society. Appellant No. 3 is the Printer and Publisher of an Oriya daily newspaper, namely, "The Samaja" published from various towns of Orissa. Appellant No. 4 is the Editor (Working) of the Samaja. All the appellants are members of the said society. For publication of certain news items in various issues of the newspaper. The Samaja, respondent lodged a criminal case being I.C.C. No. 2855 of 2005 before the learned Sub-divisional Judicial Magistrate, Bhubaneswar under Sections 465, 469, 479, 500, 501 and 502, IPC read with Section 34, IPC for alleged defamation of the respondent. On the basis of same set of facts the respondent also instituted a Money Suit being C. S. (III) No. 173 of 2005 before the learned Civil Judge (Senior Division), Bhubaneswar claiming a decree of Rs. 1 crore and some other reliefs.