RAJAN KOHLI Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition filed under Section 482 of the Code of Criminal Procedure, 1973 (for brevity, Cr. P.C.) seeks quashing of order dated 7-8-2003 Annexure P-9 passed by the Judicial Magistrate I st Clas, Sirsa asking the petitioners to appear in person. The petitioners have earlier approached this Court by filing Criminal Miscellaneous No. 6601-M of 2003 under Section 482, Cr. P.C. That petition was dismissed as infructuous with the observation that the proper course for the petitioners was to file an application under Section 245, Cr. P.C. before the Magistrate. The petitioners were granted exemption from personal appearance only for 15-2-2003 and they were to appear before the Magistrate through counsel on that date i.e. 15-2-2003. It was further observed that the petitioners would furnish an undertaking that they would appear in person on the next date of hearing unless the Court grants further exemption. According to the learned counsel on 15-2-2003 an application seeking exemption from personal appearance was filed along with an application under Section 245, Cr. P.C. However, the Magistrate by the impugned order has asked the petitioners to appear in person and both the applications have been kept pending.

(2.) It will be appropriate to make a brief reference of Complaint No. 468-I of 2002 instituted on 2-11-2002. The complainant Shri Abey Singh Chautala is an M.L.A. from Rori constituency, Haryana and it is claimed that he belongs to a very well reputed family of Chautalas, District Sirsa. It is also claimed that he holds high reputation in the State and National level political circle. It is further claimed that he never indulged in gambling/gaming. However, the Hindustan Times an English Daily having wide circulation in the country including States of Punjab, Haryana, Rajasthan and abroad published a news item under the caption Abhey Chautala faces Bookies wrath and under the caption Bad bet puts Chautalas son on Bookies Hit list in New Delhi edition. The complainant has claimed that the aforementioned news item is defamatory and motivated. It is also claimed that the news is falsely reported. It would be appropriate to reproduce in extenso certain allegations made in the complaint as noticed by the Magistrate :

(3.) After the issuance of process by the Magistrate on 24-12-2002, the petitioners have filed Criminal Misc. No. 6601 M of 2003 before this Court which was disposed of directing the petitioners to appear before the Magistrate granting them exemption for 15-2-2003. The order of this Court dated 14-2-2003 reads as under :