PRABHASH JOSHI Vs. DHARAM SINGH

JUDGEMENT

(1.) Petitioners namely Prabhash Joshi and Om Thanvi have preferred this petition under section 482 of the Code of "Criminal Procedure read with Article 227 of the Constitution of India challenging the correctness of the order dated June 27, 1991 passed by Chief Judicial Magistrate, Hamirpur in case No. 44 -1/91, summoning the petitioners and also for quashing the proceedings initiated against them on the basis of private complaint made by respondent Dharam Singh, Ex -Revenue Minister, under section 500 read with section 120 -B of the Indian Penal Code.

(2.) Petitioner No. 1 is the Editor -in -Chief of Newspaper Hindi Daily Jansatta Delhi Office. Petitioner No. 2 is the Resident Editor of Chandigarh edition of the Newspaper The petitioners submit that during the last Parliamentary election large number of prominent persons joined different parties including the Bhartiya Janta Party. One Shri Dharam Singh belonging to Mewa Constituency alongwith some other persons also resigned from Congress Party and joined the Bhartiya Janta Party. Copy of the statement made by Dharam Siogfa on 21 -5 -1991. to this effect is annexed as Annexure P -i. The news about Dharam Singhs joining Bhartiya Janta Party was published in various News Papers namely, Jansatta Indian Express, Dainik Tribune and the English Tribune on different dates, copies whereof are attached as Annexures P -2 and P -3 respectively. It is alleged by the petitioners that Chaudhary Dharam Singh was annoyed with Rakesh Rokki, the Jansatta Correspondent and had been trying to exert pressure on him so as to force him to submit reports in his favour and in favour of his party i e. Congress (I) Annoyed with the independent and objective reporting of Rakesh Rokky, the complainant -respondent had been threatening the local correspondent and also misbehaved with him as a result of which the Local Journalists had strongly protested against the misbehaviour of trie respondent and the matter was reported in Newspaper including Punjab Kesri on 26 -4 -1991. The respondent in order to further harass the Jansatta Correspondent picked up the news item published in Jansatta9 on 23 -4 -1991 (Annexure P -2) and initiated criminal proceedings against the correspondent as well as against this petitioners. It is alleged that the petitioners have been singled out though the same news items were published by various other Newspapers and thus, the action of the respondent in initiating the case against the petitioners is mala fide and with The intention to put up due pressure on Newspapers and the Correspondents in order to gain some political advantage by compelling them to publish only those news items which are favourable to the respondent.

(3.) On the basis of the complaint, the trial Court examined the complainant and the witnesses and issued process against petitioners No i and 2 only for the commission of offence punishable under section 500 read with section 120 -B of the Indian Penal Code The petitioners hive assailed the impugned order in this petition.