NATHU RAM BANSAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is petition filed by Nathu Ram Bansal and Shyam Sunder Goyal under Section 482 of the Code of Criminal Procedure read with Section 427 of the said Code for a direction to the District and Sessions Judge/Additional District and Sessions Judge, Bhiwani and also to Superintendent, Jail, Bhiwani to consider the sentence awarded to the petitioners in two complaints to run concurrently.

(2.) The relevant facts for disposal of the present petition are that respondent Radhey Shyam Aira filed a criminal complaint. He pleaded that he is the Honorary Secretary of Dadri Education Society which runs certain colleges and schools. Petitioner No. 1 is Journalist and is the owner, Editor and Publisher of weekly newspaper titled 'Janta Ke Vichar'. The newspaper used to be printed by Mahashakti Printers. Shyam Sunder Bansal petitioner is the proprietor of the same. In the issue of 8-3-1985 published by Nathu Ram Bansal petitioner it was mentioned "Radhey Shyam Airon alias Satish Dwara Kar Chori wa Hera Pheri Joron Per". The complainant was alleged to be the most hated person. It was mentioned that complainant-respondent No. 2 was head of a gang of thieves. He had contended that respondent No. 2 is running no business and he is an employee of Cement Corporation of India. . The news item was published by Nathu Ram Bansal petitioner to defame the respondent No. 2 - complainant and to lower down the image, prestige and reputation of respondent No. 2 in the eyes of citizens and relatives with mala fide intentions. The complaint was filed with respect to offences punishable under Sections 500/501, I.P.C. and Sections 3 and 12 of the Press and Registration of Book Act, 1867.

(3.) The learned Judicial Magistrate on 7-11-1988 held the petitioners guilty of the offences punishable under Sections 500 of the Indian Penal Code and 501 of the said Code respectively. They were sentenced to undergo simple imprisonment for three months and a fine of Rs. 1,000/-. In default of payment of fine, they were to undergo further simple imprisonment for three months. The petitioners preferred an appeal with the Court of Session. On 18-3-1994 the learned Additional Sessions Judge dismissed the appeal. It1414 Nathu Ram Bansal v. State of Haryana Cri. L. J.is not being disputed that their revision petition filed in this Court was dismissed. The petitioners did not succeed even when they filed the Special Leave Petition in the Supreme Court.