AMAR NATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Petition has been filed by the petitioner for quashing the entire criminal proceedings including the order dated 18.10.2002 by which the learned Magistrate has directed to issue summons to the petitioner to stand trial under Sections 500, 501/34 of the Indian Penal Code.

(2.) The complaint case No. 1501(C) of 2002 was filed by Dr. Chandra Bhushan Verma, Opposite Party No. 2, against ten named accused persons including the petitioner. Amar Nath Singh is professor of P.G. Department in the Patna University and also General Secretary of Patna University Teachers Association. The news agency of Hindustan Times and its employees as well as some other persons have also been made accused. On the basis of a news item published on 24.7.2002 in daily Hindi news paper 'Hindustan' the complaint petition was filed by the complainant. It is alleged in the complaint petition that the complainant was appointed on 19.11.1999 as lecturer in Vanijya Mahavidyalaya where he is rendering his services free of cost. The news item on 24.7.2002 was published under the heading "Lawyer teaching commerce students without teaching experience". This news item carried a news that by letter dated 24.9.2001 the Principal of Vanijya Mahavidyalaya has appointed a lawyer as teacher. This news item is a part of the complaint petition. It is further stated in the complaint petition, that the complainant is a practising lawyer and in news item he has been defamed as his qualification has been challenged although he is Ph. D. in commerce and is qualified enough to take classes in the commerce subjects. The complainant was examined on S.A. and he also examined two witnesses under Section 202 of the Code of Criminal Procedure. The witnesses who have been examined in the enquiry under Section 202 of he Code of Criminal Procedure have only stated that after reading the news paper they came to know about this imputation made against the complainant that he is not qualified. The complainant is teaching in the commerce college and such news has lowered down the prestige .of the complainant in the society.

(3.) The Judicial Magistrate, 1st Class, Patna, was issued summons to the petitioner to stand trial under Sections 500 and 501/34 of the Indian Penal Code.