DILIP KR HAZARIKA Vs. NALIN CH BURAGOHAIN

JUDGEMENT

(1.) Heard Mr. S. Kataki, learned counsel for the petitioners and Mr. P.Kataki, learned counsel for the respondent.

(2.) The brief facts leading to the present revision are that the respondent complainants Nalin Ch. Buragohain filed Complaint Case No. 2394/96 against the petitioner accused persons alleging interalia that the two accused persons being the Managing Director and Editor of weekly "Raijar Prahari" published a news item on 18-9-1996 wherein certain false and frivolous acquisitions were made against the complainant, who is a responsible Government servant serving as Executive Engineer and the said news item according to the complainant has defamed him as there is allegation of misappropriation of Government fund by him. Learned Chief Judicial Magistrate, Kamrup, Guwahati took cognizance of the offence and issued process under Section 500, IPC. The two petitioners accused appeared before the Court and filed an application that the Court at Guwahati had no jurisdiction to entertain the complaint in view of the provisions contained in Section 179, Cr.P.C. Learned trial Magistrate after hearing both sides rejected the contention of the petitioner vide the impugned order dated 23-11-1997. Hence the present revision.

(3.) The contention of the petitioner is that the said news weekly is published and circulated within the District of Dhemaji only and as such the Court at Dhemaji has the jurisdiction to entertain the complaint, if any, in the matter. There is no dispute at the Bar that the weekly 'Raijar Prahari' is published from Dhemaji. Learned Magistrate has however held that the weekly although published from Dhemaji is circulated at Guwahati within the jurisdiction of Guwahati Court. As a matter of fact the petitioner also came to know about the said news item at Guwahati only where he was serving at the relevant time. Section 179, Cr.P.C. reads as follows:-