AVADH SRIVASTAVA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Since this petition and S.B. Cr. Misc. Petition No. 366/96, also styled as Avadh Srivastava and another v. The State of Rajasthan and another (the other petition), arise out of the similar facts, 2nd the same points arise in both of them they are being disposed of together, by this order. Since the facts are similar the facts of this case, are being mentioned for the purposes of convenience.

(2.) An article, authored by Shri Avadh Srivastava (the petitioner No.1), was published in the First Issue of August. 1995 of Hindi Magazine Santa (hereinafter to be referred as the magazine), under the heading, Jam Muni Par Balatkar Ka Aarop (allegations of rape against Jam Muni). The respondent No.2, Tarachand, filed a complaint under sections 295-A, 500 and 501 of the Indian Penal Code (IPC), in the court of learned Judicial Magistrate Kishangarh, District Ajmer, against the petitioner No.1 as also against Shri Vishwanath (the petitioner No.2), the editor and publisher of the magazine. The learned Judicial Magistrate took cognizance and after recording the evidence produced by the respondent No.2, came to the conclusion that a prima facie case under section 295-A, IPC, had been made out against the petitioners and consequently, vide the impugned order dated 13-11-1995. summoned them. Feeling aggrieved, the petitioners have approached this Court, by filing this petition under section 482 of the Code of Criminal Procedure. 1973 (the Code), challenging the jurisdiction of the learned Judicial Magistrate, to take cognizance of the offence in question.

(3.) I have heard the learned counsel for the parties.