ASHOK MITRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application under Section 482 of the Code of Criminal Procedure ("the Code", in short) preferred by Ashok Mitra, Director- cum-Publisher, 'Maya' Magazine and others praying therein to quash the entire proceeding in Complaint Case No. 38(c) of 1997 as well order dated 28-1-1997 whereby and whereunder the petitioners had been summoned to face the trial for offences punishable under Sections 500 and 501 of the Indian Penal Code.

(2.) THE complaint aforesaid was filed by Opposite Party No. 2, Sri Nand Lal Singh, an Advocate of this Court against publication of an article, titled as "Prashikshan Ka Virodh Kyon ?" in the magazine "Maya" in its issue dated 15-1-1997 in which, according to the complaint petition, certain defamatory comments were made against the lawyers as whole. After enquiry into the matter the learned Magistrate, by the impugned order, summoned the petitioners to face trial in that case.

(3.) HAVING made these comments this article proceeded to say that the concerned authorities such as Bar Council of India, Ministry of Law to the Government of India also got so worried about such developing trends that ultimately proposal came that students of law after having completed three years Course of Law should necessarily undergo training under a senior lawyer and only after that they should be granted licence to practice law. There is, thereafter, academic discussion of the utility or otherwise of such a proposal.