C.R.R. No. 879 of 2013 and C.R.A.N. No. 1501 of 2013. Case: Gautam Kundu & Anr. Vs Nazul Islam & Anr.. High Court of Calcutta (India)
| Case Number | C.R.R. No. 879 of 2013 and C.R.A.N. No. 1501 of 2013 |
| Counsel | For Appellant: Mr. Debasish Roy, Mr. Somopriya Chowdhury, Mrs. Subhasree Patel and Mr. Arnab Sinha, Advs. and For Respondents: Mr. Golam Mostaffa and Mr. Kaushik Bhatta, Advs. |
| Judges | Asim Kumar Mondal, J. |
| Issue | Code of Criminal Procedure, 1973 (CrPC) - Sections 202, 205, 482; Indian Penal Code (45 of 1860) (IPC) - Sections 34, 500, 501, 502; Press and Registration of Books Act, 1867 - Section 7 |
| Judgement Date | October 08, 2013 |
| Court | High Court of Calcutta (India) |
Judgment:
Asim Kumar Mondal, J.
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This is an application under Section 482 of the Code of Criminal Procedure praying for quashing of proceedings in case No. A.C.-2203 of 2012 now pending before the learned Judicial Magistrate, 7th Court at Alipore, South 24-Parganas under Sections 500 /501 /502 /34 of the Indian Penal Code and all orders passed therein including orders dated September 10th, 2012, October 10th, 2012 and February 6th, 2013. The petitioner No. 1 is an ex-director of M/s. Rose Valley Patrika Ltd. which publishes a vernacular daily in Bengali namely 'Khabar 365 Din'. The petitioner No. 2 is an editor of the said newspaper. The opposite party No. 1 filed one complaint case implicated petitioner No. 1 and 2 being case No. A.C.-2203 of 2012 before the learned Additional Chief Judicial Magistrate at Alipore and subsequently the said complaint was transferred to learned Judicial Magistrate, 7th Court at Alipore, South 24 Parganas for disposal. The opposite party No. 1 filed the said complaint alleging that the petitioners published several defamatory articles in the newspaper 'Khabar 365 Din' against the opposite party No. 1 on their daily issued of publication dated March 28th, 2012, March 29th, 2012 and May 1st, 2012. The reputation of opposite party No. 1 due to publication of such articles against the opposite party No. 1 has been lower down amongst his colleagues and persons associated with him. The opposite party No. 1 who is posted presently as the Additional Director General and Inspector General of Police, training, West Bengal as such filed the complaint against the petitioners under Section 500 /501 /502 /34 of Indian Penal Code. The learned Judicial Magistrate, 7th Court at Alipore, South 24 Parganas after receiving the file of the case was pleased to examine the opposite party No. 1 and another witness produced by him on solemn affirmation and thereafter issued process under Section 500 /501 /502 /34 of Indian Penal Code against the present petitioners by order dated October 10th, 2012.
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The learned advocates for the petitioners duly appeared before the learned Magistrate on February 6th, 2013 and filed petitions under Section 205 of the Code of Criminal Procedure which was dealt with by the learned Trial Court directed that for the purpose of consideration of the applications filed by the petitioners under Section 205 of the Code of Criminal Procedure their appearance is required first otherwise warrant of arrest to be issued.
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Being aggrieved by and dissatisfied with the order impugned the petitioners have preferred the present application on the grounds that the initiation and continuation of the proceedings itself would be a gross abuse of process law; further that the facts as stated in the complaint and initial deposition of the witnesses even if believed to be true and taken in their entirety do not make out any prosecutable offence against the petitioners and finally the purported newspaper articles does not constitute the offences as alleged and as such the petitioners cannot be made vicariously liable...
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