BANSI LAL GUPTA Vs. RAJ DALUJA

JUDGEMENT

(1.) THE petitioner is aggrieved of process issued by the trial court under sections 500,501 and 502 RPC against the petitioner and accused 2 and 3. It was alleged in the complaint filed by the complainant before the trial court that the petitioner is an Editor -in -Chief of Early Times and respondents No. 2 and 3 are its Executive Directors and Journalists of the said Paper.

(2.) THAT a news item appeared in Early Times in its issue dated 31st May 2003 which was published both in English and Hindi. The detailed contents of Hindi as well as English versions of News item have been extensively quoted in the complaint. Sum and substance of the allegations indicated in the newspaper are scandalous as it has the affect of lowering the reputation of respondent No. 2 in the estimation of people. It is alleged in the news item that respondent No. 2 is involved in flesh trading and has been supplying some female teachers and staff members to entertain higher ups in bureaucratic circle for his business interests. On this complaint coming up before the trial court process was issued to the accused involved in the said complaint. A revision was filed against this order by the petitioner before 3rd Additional sessions Judge, Jammu. Said revision petition came to be dismissed on the ground that it was filed against an interlocutory order. It is because of this reason that petition under Section 561 -A Cr.P.C. is pending before this Court. I have heard learned Counsel for the parties and perused the record.

(3.) THE trial court has rightly exercised its discretion and issued the process against the accused persons. The satisfaction as required has been arrived at by the trial court after examining the allegations. Role of respondents No. 2 and 3 emanates from the fact that they have published this matter in the newspaper. The petitioner is Editor of the paper. The power under Section 561 -A Cr.P.C. cannot be exercised in the present case as ex -facie there is no ground for quashing the proceedings. Mr. Thakur has very frankly conceded that the allegations in the complaint are not capable of being interfered by this Court under Section 561 -A Cr.P.C.