ANAND SOONDAS Vs. AFROZA QADIR

JUDGEMENT

(1.) Complaint captioned Afroza Qadir v. Balraj Arora & ors has been filed before the Court of Chief Judicial Magistrate, Srinagar, in support whereof, statement of the complainant and one witness has been recorded. On recording satisfaction about the existence of ground for proceeding against the accused for commission of offences punishable under Section 499,500, 501 and 502 RFC, process has been issued. Aggrieved therefore, revision petition was filed titled Balraj Arora & ors. v. Afroza Qadir, same has been dismissed by the Court of 2nd Additional Sessions Judge, Srinagar, vide detailed order dated 18.6.2011.

(2.) Petitioner (accused No. 2) projects that the issue of process as against him is abuse of process of the court because nothing in the complaint is attributable against him nor at the relevant time he was associated with the daily newspaper Times of India, Chandigarh.

(3.) "Editor" is defined in Section 1(i) of the Press and Registration of Books Act, 1867 to mean "the person who controls the selection of the matter that is published in a newspaper." In terms of Section 3 of said Act, every book or paper printed within India shall have printed legibly on it the name of the printer, the place of printing, the name of the publisher and the place of publication. Then Section 5(1) of the said Act, provides that without prejudice to the provisions of Section 3, every copy of every such newspaper shall contain the names of the owner and editor thereof printed clearly on such copy and also date of its publication.