(1.) THIS application has been filed for quashing the entire criminal proceeding against the petitioners for the offences under Sections 500, 501, 502, 506 and 120-B of the Indian Penal Code (for short 'IPC').
(2.) PETITIONER No. 1 Uttam Sengupta is the Resident Editor of the Times of India, Patna Edition, which is published by M/s. Bennett, Coleman and Co. Ltd. having its registered office at Bombay, petitioner No. 2 Ramesh Chandra is its Publisher and petitioner No. 3 Sudhir Jain is the Director of Pearl Printwell Company which prints the Times of India Patna.
(3.) THE Commission after having come to know about the aforesaid news publication issued a letter dated 30.8.1995 through its Public Relations Officer to petitioner No. 1 bringing to his notice the judgment of the Supreme Court deciding the power of the Chairman. It was further stated in the said letter that the public (publication ?) of the said news-items is in bad taste and it defames the Commission and its Chairman by distorting the facts with the intention to get an advertisement, which is very unfortunate. A copy of the said letter dated 30.8.1995 has been appended as Annexure-2/A.