TARA CHAND VERMA Vs. STATE

JUDGEMENT

(1.) This revision petition has been filed by Tara Chand, who is the editor, printer and publisher of an Urdu Weekly called 'Shola' published at Ambala Cantt. In the issue dated the 16th of December, 1959, under the heading "Scandal of the American milk powder in Punjab" there appeared an article in which serious imputations were made against Shri Benarsi Das Gupta, Deputy Minister of Food and Supplies in the Punjab Government.

(2.) In consequence of this, a complaint was filed by the Public Prosecutor, Ambala, in the Court of the Session Judge under Sections 500 and 501, Indian Penal Code, on the 15th of June, 1960. This step was taken under the provisions of Section 198-B of the Code of Criminal Procedure. The relevant provisions of this section read:

(3.) In the present case, as I have Said, the complaint was instituted by the Public Prosecutor just within the period of limitation prescribed under Subsection (4) and I now reproduce the sanction under which the complaint was filed. It reads: