UJWAL CHANDRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this petition, the petitioner has prayed for quashing the order taking cognizance dated 11.08.2000 passed by learned Chief Judicial Magistrate, Bokaro in Complaint Case No. 47/1999, whereby he has taken cognizance of the offences under Sections 500, 501 and 502 of the Indian Penal Code against the petitioner.

(2.) The complaint was made by the opposite party No. 2. The complainant claimed to be Assistant District Secretary of Bolero District Counsel, Communist Party of India and a journalist by profession. According to him he is an accredited journalist certified by Government of Bihar, since 1987 and staff reporter of Hindi Daily 'Bharat Rash' published from Dhanbad. He came to know that fellow journalist Ujwal Chandra, (Chief Editor of 'Bokaro Mail')(Petitioner) was assaulted by some people for teasing one Kumari Anupama. An FIR. was also lodged against him and case was registered under Section 354 of the Indian Penal Code, Chas P.S. Case No. 6/99. Some other newspapers namely 'AwaJ', 'Prabhat Khobar', 'Chamakta Aina' also published the same. The locql unit of Bokaro Manila Samaj and other organizations like Bokaro Chamber of Commerce and Industries, Sahu Bazar Samiti also condemned the indecent behaviour of the petitioner. Photographs were also published In several dallies namely Hindustan, Bharat Rash, Chamakta Aina. Photograph of demonstration of Bokaro Mahila Samaj was also published in the newspaper. In retaliation the petitioner, who happens to be the Chief Editor of Bokaro Mail, Published objectionable items against the complainant making various allegations, such as Lota Jhota Lekar Bampanthi Part Time Ghuspaith Banaya, "Ek Sandigdh Baykti" etc. and also called him "Dalai Numa Natwar Lal". The complainant alleged that the news/reports were published 18th, 19th, 20th, 21st, 22nd 23rd January, 1999 baselessly and maliciously to lower clown the complainant's prestige in estimation of the society and to intentionally defame him constituting offences under Sections 500, 501, 502 and 504 of the Indian Penal Code.

(3.) On the basis of the solemn affirmation and the statement of witnesses, as also on perusal of other documents, learned 50 or Magistrate took cognizance of the offences under Sections 501 and 502 of the Indian Penal Code and took cognizance of the said offences against the petitioner.