H.R.A. CHOUDHURY Vs. ROCKYBUL HUSSAIN

JUDGEMENT

(1.) The maintainability of the criminal proceeding being CR Case No. 1715/2007, under Section 500/501, Part-II of the Indian Penal Code (hereinafter referred to as the 'Code'), pending in the Court of the learned Chief Judicial Magistrate, Nagaon and the tenability of the impugned order dated 29.06.2007, passed therein, is in assailment in the instant petition.

(2.) I have heard Mr. J.M. Choudhury, Senior Advocate assisted by Mr. B.M. Choudhury, Advocate for the petitioner and Mr. D. Saikia, Advocate for the opposite party.

(3.) The petition before this Court discloses that the opposite party has filed a complaint against the petitioner as well as the Executive Director and Chief Editor of the daily "Asomiya Khabar", named therein together with Shri Mayur Talukdar, Printer, Frontier Publication Ltd., Guwahati, in the Court of the learned Chief Judicial Magistrate, Nagaon, alleging that they had committed an offence under the aforementioned Sections of law by publishing a news item titled as "Congress has misled ULFA" in the issue dated 29.06.2007, of the said daily, containing the following statement made by the petitioner: