JAYANTA BARUAH Vs. SN SINGH

JUDGEMENT

(1.) With the help of this revision, made under Section 482 Cr.P.C., the petitioners, who are accused in Complaint Case No. 480C of 2003, have put to challenge the order, dated 12.02.2004, passed by the learned Additional Chief Judicial Magistrate, Dibrugarh, taking cognizance of offence under Sections 500/ 501B IPC and directing issuance of processes accordingly against the accused-petitioners. I have heard Mr. NC Das, learned Senior counsel for the accused-petitioners. None has appeared on behalf of the opposite party.

(2.) The complaint, in question, has arisen out of a news item, which was published in Assamese daily, which is run under the name and style of 'Asomiya Pratidin'. The news item, which the said newspaper had published on 19.11.2003, was against the complainant, who was, at the relevant point of time, Superintendent of Police, Dibrugarh. When the said district was passing through communal disturbance, the newspaper, in question, reported as under:

(3.) Alleging that the above information, which had been conveyed by the newspaper, in question, to the people, in general, and to its readers, in particular, were wholly false and cannot be regarded as a fair comment and that the imputation, contained in the news item, were intended to harm the reputation of the complainant, complainant has lodged the complaint, in question, against the three accused-petitioners, who are the Proprietor, Editor, Printer and Publisher of the said newspaper.