JAYANTA BARUAH Vs. DILIP BARUAH

JUDGEMENT

(1.) BY this application under section 482 of the Code of Criminal Procedure, 1973, for short, the Code, the petitioners pray for setting aside of the order dated 30.11.2010, passed by the learned Judicial Magistrate, 1st Class, Barpeta in C.R. Case No. 4632/2010 taking cognizance of offence under sections 500/34 I.P.C. against the petitioners and the proceeding in C.R. Case No. 4632/2010.

(2.) HEARD Mr. P. Kataki, learned counsel for the petitioners and Mr. R. Sarma, learned counsel for the complainant/opposite party.

(3.) THE opposite party had filed the complaint case, amongst other, against the petitioner No. 1 as accused No. 1 being the proprietor of an Assamese daily newspaper, "Asomiya Pratidin" and the petitioner No. 2, represented by the petitioner No. 1, as accused No. 5, being the press, from which the issue dated 01.10.2010 of the said newspaper "Asomiya Pratidin" containing a defamatory article under the heading "Pub Bajali Zilla Parishodor unnayon dhowa -changot ­ - Pratibadot Xorob Raij ­ NREGAt durnity : Jobcardprapto shramikor hahakar" was published. The Chief Editor, Executive Editor, Printer and Publisher and the Local Correspondent of Asomiya Pratidin were the accused Nos. 2, 3, 4 and 6, respectively.