STATE OF RAJASTHAN Vs. SHYAM NARAIN MORIYA

JUDGEMENT

(1.) THESE are four connected matters arising out of references made to this Court by the Subordinate Courts.

(2.) CASE No- 562 of 1972 has been registered on reference by Shri Narhari Sharma, Munsiff Magistrate. First Class, Alwar through the District and Sessions Judge. Alwar. It is alleged that on 24-7-1972, case No. 26/72 was registered at Police Station, Ramgarh (Alwar) for offences under Sections 147. 148, 365, 440, 341 322 149 I. P. C against the accused Raehuveer Singh, Ambrik Singh, Jeet Sineh, Tanieet Singh and Partap Singh. On 1-5-72 the aforesaid accused moved for bail in the Court of Shri Narhari Sharma, Munsif Magistrate, First Class, Alwar but the bail applications on behalf of all the accused were rejected On 8-5-1972 a news-item was published by the non-petitioner Shri Shvam Narain Moriva in a Weeklv Newspaper 'vishav Viiai' edited, printed and published by the non-petitioner. We do not consider it necessary to reproduce the impugned news item in extenso. But its substance is that positive proof has been received by the said editor, printer and publisher that Shri Narhari Sharma. Munsiff had taken bribes in lacs of Rupees by abusing his official position as Munsiff. It was also stated that at Behror also Shri Narhari Sharma had accepted thousands of Rupees as bribe from a number of parties to whom the monev had not been returned by Shri Narhari Sharma even though he had been transferred to Alwar and was not able to decide cases in favour of the parties from whom he had accepted illegal gratification.

(3.) THE non-petitioner has not filed any reply to the notice issued to him. The State, has, however submitted affidavit of Shri Narhari Sharma and also a copy of the newspaper in which the impugned news-item was published. Shri Narhari Sharma has sworn, inter alia, that the non-petitioner was and is the editor printer and publisher of local Hindi Weeklv known as 'vishav Vijai'.