PRASHANT KOTHARI Vs. SOHAN LAL

JUDGEMENT

(1.) THIS petition has been filed under Section 482 Cr. P. C. against the order dated 28. 8. 1991 passed by the learned Chief Judicial Magistrate, Sirohi in Cr. Case No. 106/91, whereby he took cognizance of the offence punishable under Section 500 IPC against the petitioners on a private complaint filed by respondent Sohan Lal Patni.

(2.) SUCCINCTLY stated the relevant facts are that on 21. 8. 1991, respondent Sohan Lal filed a Criminal complaint before the learned Chief Judicial Magistrate against the petitioners on the basis of a news item titled ;qorh ds lkfk dffkr ;ksupkj ds ekeys esa ,l-ih- ls iwnrkn dh published on 31. 07. 1991 in the Jodhpur Edition of Rajasthan Patrika. Petitioners No. l & 2 Prashant Kothari and Milap Chandra Kothari are Manager and Editor of Rajasthan Patrika, Jodhpur and Rajasthan Patrika, Jaipur respectively, while petitioner No. 3 Bhagwan Sahai Trivedi is the Editor of Rajasthan Patrika, Jodhpur. Petitioner No. 5 Mahavir Jain is the Correspondent, Rajasthan Patrika. Petitioner No. 4 has not been named and has been addressed a Lorokf/kdkjh (owner), Rajasthan Patrika Jodhpur. It will be worth-while to quote the impugned news item in extenso: ***

(3.) I have given my most anxious and careful consideration to the rival contentions and perused the relevant record.