RAM BAHADUR SINGH Vs. DINESH PRASAD SINGH

JUDGEMENT

(1.) This appeal under Section 417(3) of the Code of Criminal Procedure is against an order of acquittal passed by a Munsif Magistrate, 1st class, of Monghyr. The three respondents were tried on charges under Sections 295A and 500 of the Indian Penal Code and acquitted.

(2.) The facts of the prosecution case are that on the 7th and 8th of February, 1964 the complainant Ram Bahadur Singh (P.W. 1), who is an Anand Margi, read some news item published in a Hindi News Paper named "Daily Navarashtra" and learnt that his Adhyaksha Prabhat Ranjan Sarkar had been arrested. He enquired about the correctness of the news and found out that the news was baseless. The complainant thus felt humiliated and went through mental agony. Me, therefore, filed a complaint before the Sub -divisional Magistrate, Shri B.M. Rustogi, who took cognizance of the case and transferred the case to the. Munsif Magistrate for trial.

(3.) The defence of the respondents; was that they had published the aforesaid news but claimed that the publication was not made with any intent to defame anybody. Their further plea was that a police case under Sections 342 and 65 of the Indian Penal Code had been lodged against Sarkar 'Anand Murti', who was arrested and was enlarged on bail by the Sub -divisional Magistrate, Monghyr. The news, therefore, was correct. Their further, defence was that Shri Rastogi, who was the Second Officer and was working as Subdivisional Magistrate on the day in question, being himself 'Anand Margi' was in conspiracy with the complainant and got a complaint filed, and Shri Rastogi took cognizance of the case, only to harass the accused persons.