NATWARLAL AGARWAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. J. Roy, learned Senior Advocate assisted by the Mr. A. Gautam, learned counsel appearing for the petitioner. Also heard Mr. A. K. Bhuyan, learned counsel appearing for the respondent Nos. 2 and 3; and Mr. P. Bhagat, learned counsel appearing for the respondent Nos. 4 to 7.

(2.) This is an application under Sec. 482 of the code of Criminal Procedure, 1973 for setting aside and quashing the complaint Case being C.R. Case No. 3048/2019 under Ss. 499/500/501/502/34 of the Indian Penal Code and the order dtd. 11/2/2020 taking cognizance against the petitioners.

(3.) The brief facts leading to this present petition is that on receiving summons from the Court of learned Judicial Magistrate First Class, Kamrup Metro, the petitioner came to know that the respondent Nos. 2 and 3 have lodged the complaint before the learned Chief Judicial Magistrate, Kamrup Metro arraying the petitioners as accused Nos. 5 and 6 with the allegation that a news article published on 28/6/2019 in the respondent No. 4's newspaper under the headline as 'Advocate made an attack over Father-Son: Case Registered' the incident also described in the said published news. The publication or the news item, due to which the respondent Nos. 2 and 3 have presumed themselves to be defamed, have lodged the connected complaint/petition before learned Chief Judicial Magistrate, Kamrup Metro, which is accordingly registered as C.R. Case No. 3048/2019 under Ss. 499/500/501/502/34 of the Indian Penal Code. Though the matter was initially committed by Mr. U. Borah, learned Judicial Magistrate First Class, Kamrup Metro but on the basis of the transfer petition, the same was transferred before the Court of learned Judicial Magistrate First Class, Kamrup Metro.