RAM NATH GOENKA Vs. RAM GOPAL SHARMA

JUDGEMENT

(1.) This petition under Sec. 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India, seeks to invoke the inherent jurisdiction of this Court to quash criminal proceedings as well as the orders of 17 -6 -1989, 20 -7 -1989 and 25 -8 -1989 passed by the Courts below in Criminal Case No. 54/2 of 89, under Sec. 500 read with Sec. 34, Indian Penal Code, pending in the Court of Chief Judicial Magistrate, Nahan.

(2.) The Petitioner is the Chairman, Indian Express News Papers (Bombay), Private Limited, engaged in the publication of newspapers and periodicals including the daily 'Jansata' published from Chandigarh. The Petitioner submits that he is not directly concerned with the actual reporting, editing, printing or publishing of the newspapers. However, the Respondent initiated proceedings under Sec. 500 read with Sec. 34, Indian Penal Code in the Court of Judicial Magistrate, Nahan against the Petitioner and the Chief Editor, Resident Editor and the Correspondent of the Paper. According to the Petitioner, neither any case is made out nor did the Judicial Magistrate, who took cognizance of the complaint, have jurisdiction to do so, since such a complaint could be tried by a Judicial Magistrate First Class. The Judicial Magistrate, who was not Judicial Magistrate First Class at the relevant time, had no jurisdiction to deal with the matter, therefore, the proceedings stand vitiated.

(3.) Further, case of the Petitioner is that on transfer, the transferee Magistrate did not examine the complainant and his witnesses and issued the process for the appearance of the Petitioner and others without due application of mind, thereby not only acting against the mandatory requirement of law, but also causing immense injustice to the Petitioner. Finally, it is also stated that no case under Sec. 500 read with Sec. 34, Indian Penal Code is made out against the Petitioner and others who have been added as parties along with him.