RAJPAL SINGH LOHCHAB Vs. J S SOLKHE

JUDGEMENT

(1.) Raj Pal Singh Lohchab has approached this Court for quashing of a criminal complaint No.21 of 2010 dated 2.4.2010. This complaint is filed by J.S.Solkhe for which the petitioner stands summoned vide order dated 11.4.2012. The petitioner, who had worked as Registrar of National Institute of Technology, Kurukshetra has accordingly filed this petition for quashing of the complaint and the summoning order. Incidentally, he is no more working as a Registrar of the said Institute. Respondent-complainant is an Editor and owner of Local Weekly Hindi Newspaper Bahujan Express. This is being published from Kurukshetra. The respondent-complainant has allegedly published some false, frivolous and defamatory news item in the newspaper on 3.3.2008. The Institute decided to serve legal notice to the respondent-complainant, which was duly sent on 6.3.2008. The Institute also decided to file a civil suit claiming damages of Rs.50.00 lacs. The suit was filed through the petitioner he being a Registrar. In addition, the Institute also decided to file a criminal complaint against the respondent-complainant for publishing this false and defamatory news item. The trial Court has summoned the respondent on 9.7.2008 and respondent is statedly facing trial for an offence under Section 500 IPC.

(2.) It is alleged that the respondent still did not desist from publishing false and frivolous news items with the aim to defame the Institute. Such news items were published on 17.3.2008, 24.3.2008, 31.3.2008, 21.4.2008, 2.6.2008, 9.6.2008 and 7.7.2008. Faced with this situation, the Institute decided to file a complaint with the Press Council of India and the said complaint was filed on 20.8.2008 through the petitioner being a Registrar. This complaint was filed qua the news items referred to above and not qua the news items dated 3.3.2008 for which a suit for damages and criminal complaint had already been filed.

(3.) On receipt of the complaint, the Press Council of India asked the Institute to fulfill the following requirements in terms of Regulation No.3 of Press Council (Procedure for Inquiry) Regulations, 1979:-