BARJINDER SINGH HAMDARD Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner is Managing Editor of a publication known as Daily Ajit, a Punjabi newspaper. A complaint was lodged against him by complainant Dr. Gopal Raj (Respondent No. 2 herein) alleging that he had been defamed by an article published in the newspaper Daily Ajit dated May 3, 2003 and the petitioner was responsible for the same. According to the complainant, the news item with the title "Bimar Pya Hai Dorangla Da Government Hospital" was derogatory in nature. It had defamed the complainant in the eyes of general public, particularly his department.

(2.) Pursuant to the complaint made by Dr. Gopal Raj, the petitioner along with two co-accused was summoned to face trial vide order dated 15th April, 2004 by the Additional Chief Judicial Magistrate, Gurdaspur. Later, the petitioner moved an application for exemption from personal appearance before the trial Court on certain grounds. The same was allowed vide order dated 6.9.2006 subject to the condition that the petitioner would appear as and when required by the Court.

(3.) At the stage of examination, under Section 313 Cr.P.C., the petitioner again sought exemption from personal appearance inter alia on the grounds that he was suffering from disc problem and was confined to bed. This apart, being Managing Director of newspaper Daily Ajit, he was highly occupied with his duties. The said application was, however, rejected by the Judicial Magistrate 1st Class, Gurdaspur vide order dated 18.12.2008. The order has been impugned in the present petition.