FAYAZ AHMAD KALOO Vs. ALI MOHD. RATHER

JUDGEMENT

(1.) Petitioner has invoked the jurisdiction of this Court under Sec. 561 -A of the Code of Criminal Procedure (hereinafter, for short, Cr.P.C.) for quashing the criminal complaint filed by respondent Ali Mohammad Rather under Sec. 500 RPC before the learned Judicial Magistrate, 1st Class, Bijbehara, titled as, Ali Mohammad Rather v/s. Fayaz Ahmad Kaloo. The Facts as averred in the petition are that a few months ago the petitioner being Editor of English daily newspaper Greater Kashmir as well as Urdu newspaper Kashmir Uzma exposed paper leakage scam being conducted by the Board of Professional Entrance Examination after coming to know that papers of Professional Common Entrance Tests were being sold against huge monetary considerations by a well knit caucus thereby playing with the lives of meritorious candidates. It is averred that this Court suo motu treated the said news as Public Interest Litigation and directed the Crime Branch to take investigation of the case. It is averred that thereafter Current News Service (CNS) circulated a news item through e -mail on 19.11.2013 to a number of newspapers agencies including the agency of petitioner, wherein it had been mentioned that another broker, namely, Ali Mohammad Rather, respondent herein, who is a retired teacher, has supposedly amassed huge wealth and he also helped his relatives to qualify the Common Entrance Test. It is averred that although the said press report was carried by many news agencies including the newspapers of petitioner on the basis of press report circulated by recognized news agency CNS, yet the respondent filed criminal complaint only against the petitioner under Sec. 500 RPC before the learned Judicial Magistrate, 1st Class, Bij behara with mala fide intentions to harass and pressurize him so as to restrain him from publishing the proceedings and investigation reports in this matter. It is further averred that the investigation of BOPEE scandal is being carried by the Crime Branch and the same is being monitored by a Division Bench of this Court, in which learned senior counsel for petitioner, Mr. B.A. Bashir has also been appointed as amicus curie. So whatever has come forth on account of such investigation and the news items circulated by CNS, the petitioner along with other news agencies has only reported the same, therefore, no question arises to intentionally defame or injuring the reputation of respondent.

(2.) I have heard learned counsel appearing for the respective parties and considered the rival contentions meticulously.

(3.) Learned trial Court on consideration of the complaint and the preliminary statement of complainant, respondent herein, as well as the witness, found that a prima facie case for having committed offence punishable under Sec. 500 RPC has been made out against the petitioner and, accordingly, issued process against the petitioner.