PAWAN MAROO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner in this case is the Editor of Hindi daily 'RANCHI EXPRESS' published from Ranchi. It is the contention of the petitioner that this daily has a very wide circulation in the State of Bihar in general and in South Bihar in particular having vast readership in this region.

(2.) A first information report dated 8.8.1992 was registered against the petitioner on the written information of the then Officer in charge of Chakradharpur Police Station (respondent No. 3) wherein it has been stated that he received a written communication from the then Deputy Commissioner, Chaibasa (respondent No. 2) annexed with the written report of one Mahendra Prasad Singh, Chakradharpur, a correspondent of Ranchi Express. In that written report, the correspondent had addressed to respondent No. 2 that he had not sent any report regarding the bomb explosion in Chandrnamari and Banglatanr area at the relevant point of time, the news item of which was published at Ranchi Express dated 8.8.1992. He also denied to have sent the above news by telephone and he had not quoted any person named Bahadur Oraon in this regard. As per the communication received from respondent No. 2. Deputy Commissioner, Chaibasa and the denial being made by the correspondent of Ranchi Express, the news item as published in the daily 'Ranchi Express' of its issue dated 8.8.1992 revealed a prima facie case of incitement of communal disharmony in the area and hence a case was registered under Section 153A of the Indian Penal Code.

(3.) MR . N.N. Sinha learned Counsel appearing for and on behalf of the petitioner submitted that the news item published can in no stretch of imagination be stated to be an incitement for communal disharmony between the two communal or ethnic groups in the area of Chakradharpur. His next submission is that even if there is any case made out, cognizance taken on 16.1.1997 is bad in the eye of law as prescribed under Section 468 of the Code of Criminal Procedure.