AB SALAM Vs. GH AHMED MAGREY

JUDGEMENT

(1.) GHULAM Ahmad Magrey, respondent, had filed a complaint under section 500/109 R.P.C against Abdul Salam, petitioner and Respondents 2 to 4, Printer, proprietor and Editor of Daily Aftab, Srinagar on allegation that Abdul Salam, in connivance and league with respondents No. 2 to 4, printed and published a news item in the Daily Aftab of 28 -5 -1981 issue, concerning Gulam Ahmad Magrey imputing to him allegations of misappropriation of the funds of Drugmulla Panchayat District Kupwara and clinching of Theaka of impounding cattle in the pound to himself in breach of the rules. All this has brought him in disrespect, affected his reputation and fairname and it has caused severe pain to the complainant. He has been defamed.

(2.) THE Sub judge (Judicial Magistrate) Kupwara on examination of the complainant and one witness Ali Mir, took cognizance of the complaint under section 500/109 R.P.C and issued bailable warrants against the accused petitioner and respondents 2 to 4 for causing their appearance before the court. This order of 3 -6 -1981 of the judicial Magistrate, Kupwara is impugned in this petition under section 561 -A Cr.P.C

(3.) THE petitioner has not and is not appearing in this case for the last over eleven years .Respondents too are not appearing in this case for the last over eleven years. Respondents too are not appearing despite service. The case has been examined, record perused and matter considered.