KRISHNA SADAN Vs. GOVIND PRASAD

JUDGEMENT

(1.) The applicant has been summoned to stand his trial along with the Editor and correspondent of the Journal known as 'Awaz' for the offence punishable under S.500 of the Penal Code (hereinafter referred to as 'the Penal Code'). The news item was published in an issue of the Journal 'Awaz' which, inter alia, stated that the applicant had lodged a First Information Report at the police station stating that a tenant residing on the first floor of the house had made his life difficult inasmuch as the said tenant was throwing acid in the drinking water used by the family members of the applicant. In the said news item it is also stated that the applicant was opposed to the unlawful activities of the said tenant who was carrying on trade in brass etc. in an illegal manner.

(2.) In the complaint filed by the opposite party, it was alleged that the said news item was published in the said Journal at the instance of the applicant. Before filing the complaint the opposite party served a notice through a lawyer on the applicant stating that he was responsible for the publication of the said news item. The opposite party received reply of the said notice from the applicant denying the said allegation.

(3.) The trial Magistrate, in order to arrive at his satisfaction before issuing processes against the applicant and others arrayed accused in the complaint, examined evidence under S.202 of the Cr.P.C. (hereinafter referred to as 'the Code').