Criminal Application No.6710 of 2005. Case: Mr. Vivek Goenka Vs Mr. Rajabhau Damodar Raikar and Ors.. High Court of Bombay (India)

Case NumberCriminal Application No.6710 of 2005
CounselFor Appellant: Mr. S.R. Chitnis, Senior Advocate with Mr. Amol Joshi, Suziyan Shaikh, Tasneem Kantawala i/b Ms. Poorvi Kamani, Advs. and For Respondents: Mr. Anil V. Anturkar, Senior Advocate with Mr. Amol Gatne i/b. Mr. S.B. Deshmukh, Advs., Mr. D.P. Adsule, APP.
JudgesSmt. Anuja Prabhudessai, J.
IssueCriminal Procedure Code - Sections 200, 482; Indian Penal Code - Sections 34, 500; Press and Registration of Books Act, 1867 - Section 7
Judgement DateAugust 05, 2016
CourtHigh Court of Bombay (India)

Court Information Bombay High Court
Judgment Date 05-Aug-2016
Party Details Mr. Vivek Goenka Vs Mr. Rajabhau Damodar Raikar and Ors.
Case No Criminal Application No.6710 of 2005
Judges Smt. Anuja Prabhudessai, J.
Advocates For Appellant: Mr. S.R. Chitnis, Senior Advocate with Mr. Amol Joshi, Suziyan Shaikh, Tasneem Kantawala i/b Ms. Poorvi Kamani, Advs. and For Respondents: Mr. Anil V. Anturkar, Senior Advocate with Mr. Amol Gatne i/b. Mr. S.B. Deshmukh, Advs., Mr. D.P. Adsule, APP.
Acts Criminal Procedure Code - Sections 200, 482; Indian Penal Code - Sections 34, 500; Press and Registration of Books Act, 1867 - Section 7

Judment:

1. By this application filed under section 482 of the Criminal Procedure Code, the Applicant, who is the original accused No.1, has prayed for quashing and setting aside the order of issuance of process in Criminal Case No.217 of 1997 for offence punishable under section 500 of the IPC.

2. The Applicant, is the Chairman and the Managing Director of Indian Express Newspaper (Mumbai) Ltd. The company is the proprietor of various newspapers and magazines including the multi edition English newspaper "The Indian Express" and multi edition Marathi daily "Loksatta". On 3.10.2000 the Applicant received summons to appear before the J.M.F.C. Court No.4, Pune on 5.10.2000 to answer the charge under section 500 of the IPC in Criminal Case No.217 of 1997 filed by the Respondent No.1/complainant against the present Applicant and others in respect of the news item published in the Indian Express, Pune edition issue of 19.5.1997 under the heading "Tea vendor takes on ST bosses". The Respondent No.1 alleged that the said news report was defamatory. The Respondent No.1 alleged that by publishing the said news report the Applicant and the other accused lowered his image in the eyes of public and had thereby committed offence under section 500 r/w. 34 of the IPC.

3. Mr. Chitnis, the learned counsel for the Applicant has submitted that the Applicant being the Chairman and Managing Director was not responsible for the day to day reporting of news in any of the editions of the Indian Express. Placing reliance on the provision of section 7 of Press and Registration of Books Act, 1867, the learned counsel submits that the person, whose name is printed as the Resident Editor / Editor is responsible for publication of news and presumption has to be drawn that the Editor or Resident editor, whose name is specifically printed is the person solely responsible. He therefore, claims that the Applicant herein, who is the Managing Director cannot be held responsible and cannot be tried for offence under section 500 of the IPC. In support of his contention he has relied upon the decision of this Court in Vivek Goenka V/s. State of Maharashtra 2007 Cri.L.J. 2194.

4. Mr. Anuturkar, the learned senior counsel has submitted that the facts in Vivek Goenka, supra are distinguishable. He has further submitted that in the said case (accused Nos.2 to 4) the editor, whose name was...

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