ANIRUDH Vs. B.R. RAHI AND ORS.

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) A complaint was filed by the present Petitioner, under Section 500 of the Indian Penal Code, against the Respondents, alleging that in the Newspapers of Respondents No. 2, 3 and 4, a news was published on 25th October, 2003, per which Respondent No. 1 B.R. Rahi, at a press conference, stated that the educational institution set up by the Petitioner (complainant) had been cheating the students and playing with their career. Petitioner himself appeared and made statement. He also examined five witnesses. Newspapers, published by Respondents No. 2, 3 and 4, were also tendered in evidence.

(3.) VIEW taken by the learned Judicial Magistrate is not correct. At the stage of summoning an accused, the documents are not required to be proved, the way they are required for seeking conviction of a person. Only preliminary evidence is required to be adduced to satisfy the Court that there are sufficient grounds to proceed against the persons, named as accused in the complaint. It is thereafter that evidence, before charge, is adduced and then if on the basis of the evidence a prima facie case is there, charge is framed and thereafter another opportunity is afforded to the person(s), named as accused, to cross -examine the witnesses and complainant is also afforded opportunity to lead further evidence, in support of the charge. This is the procedure required to be followed in a warrant case.