SWAMI SADANAND JI Vs. ARVIND MEHTA AND ORS.

JUDGEMENT

(1.) THE instant application has been filed under Section 378(4) read with Section 482 of Cr.P.C for grant of Special leave to appeal against the impugned judgment dated 17.09.2012 passed by learned Judicial Magistrate Ist Class, Gurdaspur whereby complaint filed by applicant under Sections 500/34 of the Indian Penal Code has been dismissed and respondents have been acquitted of the charge framed against them.

(2.) BRIEF facts of the case are that a complaint was filed by the applicant -complainant under Sections 500/34 of the Indian Penal Code alleging that he is the head/president of Daya Nand Math, situated at Dinanagar, Tehsil and District Gurdaspur. The complainant is also the head of various other Educational Institutions. Swami Sada Nand Ji the complainant, took over as President of Daya Nand Math, Dinanagar after Swami Sarvanand Ji Sarasvati went on heavenly abode. Swami Sarvanand Ji Sarasvati executed a valid Will in favour of the complainant on 05.02.2001 having sound disposing state of mind, duly registered at the office of Joint Sub Registrar, Dinanagar. Complainant also held the post of secretary of Daya Nand Math before appointed as President of Daya Nath Math. Applicant -complainant was appointed working president of all the educational institutes managed by Daya Nand Math (Trust) by Swami Sarvanand Ji Sarasvati in his life time itself. The applicant -complainant is being worshipped as a Guru and Holy Saint by the people of the area and his followers. The applicant - complainant is also running Daya Nand Math Pharmacy, where he provides ayurvedic medicines to the needy persons free of costs. Accused No. 1 is having inimical relations with the complainant as he cant's tolerate the complainant as President/Head of Daya Nand Math. Accused No. 2 is the Press Reporter of Punjab Kesari and Jagbani newspapers of the area of Gurdaspur while accused No. 3 is the press reporter of the above said newspapers of the area of Dinanagar. Accused No. 4, is the Editor of Punjab Kesari Newspaper and Jagbani Newspaper, Jalandhar. The accused intentionally and willfully got published news items in Punjab Kesari Newspaper dated 09.04.2006 edition in Gurdaspur Kesari column under the heading with photograph of the complainant as "Swami Sada Nand ka samajik wahishkar kiya jae mehta". Above said news was published on the instance of accused No. 1 by accused Nos. 2 & 3 as their names are also mentioned in the above said news. False and frivolous allegations were levelled by the accused on the character of the complainant in the above said false news. The aim of the accused was to defame the complainant and to lower down his reputation by levelling the false allegations in the news item dated 09.04.2006. Again on the next day edition dated 10.04.2006 of Punjab Kesri Newspaper and Jagbani Newspaper, the accused got published false and derogatory news against the complainant under the head of "Daya Nand Math da Akhir Sanchalak Kaun". Ek aur Washit samne aai" and Daya Nand Math de traadhikari the mamla Sargarmya".

(3.) ON the basis of preliminary evidence, all the respondents - accused were ordered to be summoned to face trial for the commission of offences punishable under Sections 500/34 IPC.