RADHE SHYHAM SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS criminal revision has a chequered career, as it appears from record, that once petition of complaint bearing complaint case No. 438 of 1990 was dismissed after examination of two witnesses during enquiry, as envisaged under Section 202 of the Code of Criminal Procedure by Judicial Magistrate, a criminal revision was preferred, and in pursuance of observation made by the revisionist Court, enquiry again commenced, in course of which two more witnesses were examined and the matter came for consideration before the enquiry Magistrate as to whether a prima facie case had been made out for issuance of summons against those arrayed as accused to put them on trial. The learned Judicial Magistrate who was in sesin of the proceeding having considered the matter before him noticed that apart from other facts which operate adverse to the complainant, also in view of the exception under Section 499 of the Indian Penal Code, there was no good reason to proceed with the case and eventually dismissed the petition of complaint.

(2.) AT the earliest I may notice some of the salient features of the case of the petitioner centering round the controversy that has arisen between the parties. A news item was published in Nav Bharat Times on 7th June, 1990 admittedly with some accusations against the petitioner. The petitioner harbouring under belief that these news were published in the news paper with an object to erode his reputation in the public eyes, sued as many as eight number of persons including the Chief Editor, Local Editor, one official of Nav Bharat Times, Patna, District Co - operative Officer and other persons, for their prosecution under Sections 500, 501, 502 and other allied sections of the Indian Penal Code. As has been stated earlier, the petition of complaint was once dismissed, pursuant to which, a criminal revision was preferred and in pursuance of direction, enquiry again commenced, on conclusion of which the learned Magistrate having considered various aspects of the matter, dismissed petition of complaint which is impugned in this revision. To put the propriety of the order in question, contentions were raised at Bar on behalf of the petitioner that though petition of complaint was dismissed taking recourse to exception of Section 499 of the Indian Penal Code, said exception was applicable only at the stage of trial. Other contentions raised at bar was that though an enquiry was held by the Deputy Collector, Gaya as early as on 18th April, 1990 the accusation attributed to the petitioner was found to be without sub -stance and hence publication of the news in Nav Bharat Times on 7th June, 1990 was only with an object to erode reputation of the petitioner in the public eyes.