SRI JAYANTA BARUAH Vs. MISS ANJITA SAIKIA

JUDGEMENT

(1.) Heard Mr. P. Kataki, learned counsel, appearing for the petitioners. Also heard Ms. N. Sakia, learned counsel, appearing for the sole respondent. Perused the case record, received from the trial court.

(2.) By this application, filed under Sections 401/ 397 Cr. P.C., the petitioners, who are accused persons in C.R. Case No. 2363/ 2003 under Sections 500/501 IPC, pending in the court of the learned Sub-Divisional Judicial Magistrate No. II, Kamrup at Guwahati, have challenged the proceeding aforesaid and prayed for quashing the same.

(3.) The respondent, as complainant, filed a complaint, being complaint case No. 2363/ 2003 before the learned Chief Judicial Magistrate, Kamrup, Guwahati against the petitioners, alleging therein, that the petitioners, being the proprietor, the Chief Editor and the Editorrespectively of the weekly news paper, namely 'Sadin' in their publications, dated 09.05.2003, 16.05.2003, 23.05.2003, 06.06.2003 and 13.06.2003, affecting the reputation of the complainant, had published defamatory and malicious news items. The publications were made in connection with the complainant's business establishment. On receipt of the said complaint, the learned SDJM, after examining the complainant under Section 200 Cr.P.C. and her witnesses under Section 202 Cr. P.C. and considering the statement made in the complainant concluded that there existed a prima facie case under Sections 500/501 IPC against the accused persons and accordingly, the learned Magistrate took cognizance of offence under the said sections and issued summons to the accused persons, requiring their appearance.