DURGA PRASAD CHOUDHARY Vs. AMAR SINGH

JUDGEMENT

(1.) THESE two typical cases of gross abuse of process of court where the prosecution has become persecution. Shri Durga Prasad Choudhary aged about 78 years, Proprietor and Chief Editor of Nav Jyoti is facing the charge of defamation for publication of news item regarding Birla Public School, Prosecution evidence was examined and thereafter the accused were examined on 14th June, 1983 in a case was kept for defence evidence, which was closed on 6-3-1984 and the case was kept for arguments and judgment. The arguments were not heard on various dates for some reason or the other and thereafter on 29th May, 1984 bail bonds were forfeited and non-bailable warrant was issued.

(2.) IT is surprising that in a case of defamation after evidence of both parties had been closed and the accused had been examined and the case was in the process of arguments, this extreme step of issuing non-bailable warrants for the presence of the accused at the time of arguments was adopted by the Magistrate.