BHANTE ANAND Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of entire criminal prosecution against him in Complaint Case No. 403 of 2000/ 409 of 2000 including the order dated 24.7.2000 passed by Shri S.K.Singh, Judicial Magistrate, 1st Class, Gaya. By the said order, the learned Magistrate has taken cognizance of offences under Sections 500 and 506 of the Indian Penal Code.

(2.) Short fact of the case is that Opp.Party no.2, who was Assistant General Secretary, Mahabodhi Society of India, Gaya filed a complaint in the court of the learned Chief Judicial Magistrate, Gaya, which was registered as Complaint Case No. 403 of 2000. In the complaint petition, it was alleged that on 10.11.1999 a news item was published in a Newspaper, namely, PRABHAT KHABAR ( Hindi Edition) at the instance of the petitioner under the heading that MAHABODHI SOCIETY VISHW HINDU PARISHAD KE GOAD ME CHALI GAI; Bhante Anand. It was alleged that the said news was totally false and defamatory against the complainant and his organization. The complainant thereafter sent a legal notice through his advocate to the petitioner on 3.1.2000 ventilating his grievance and asking him to tender unqualified apology. Instead of tendering apology, it was alleged that after receiving the legal notice, the petitioner gave threatening to the complainant over telephone. The complainant in his complaint petition has given a detailed assertion made in the news item, which according to the complainant, was defamatory. After filing of the complaint petition, the complainant was examined on S.A. and in support of the complaint petition, the complaint examined four witnesses at the enquiry stage and thereafter the learned Magistrate, prima facie, satisfied with the allegation made in the complaint petition took cognizance of offences under Sections 500 and 506 of the Indian Penal Code and directed for summoning the petitioner.

(3.) Aggrieved with the order of cognizance, the petitioner approached this Court by filing the present petition.