LAWS(JHAR)-2015-2-14

ANJANA AGARWAL Vs. STATE OF JHARKHAND

Decided On February 12, 2015
Anjana Agarwal Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) IN this application, the petitioners have prayed for quashing the entire criminal proceeding in connection with C.P. Case No. 1404 of 2000 including the order dated 27.4.2001, passed by Shri P.N. Upadhyay, learned Judicial Magistrate, Dhanbad, whereby and whereunder, cognizance has been taken for the offence punishable under sections 419, 500, 501 and 502 of the Indian Penal Code. A complaint was lodged by the opposite party no. 2, in which it was stated that the complainant is the Editor cum Director of Chhotanagpur Times Production and is in the business of Journalism for the last six years. The complainant also claimed to be the publisher of Chhotanagpur Times and its weekly T.V. News. It has been alleged that on 4.12.2000 and 5.12.2000, the complainant could come to know about the publication of a news item in local newspaper "Bihar Observer", in which certain defamatory language and words were used, which lowered down the reputation of the complainant. It has been further alleged that the complainant along with his office staffs informed the accused persons with respect to the said news item published in the news paper by a letter dated 4.12.2000 but the same was not printed and published by the accused persons.

(3.) AFTER conducting an inquiry under section 202 Cr.P.C., cognizance was taken for the offence punishable under sections 419, 500, 501 and 502 of the Indian Penal Code by the learned Judicial Magistrate, Dhanbad vide order dated 27.04.2001.