Coming to rescue of Dainik Jagran Editor, the Allahabad High Court has quashed a summoning order issued against him for an alleged defamatory news article.

The single-judge Bench of Justice Syed Aftab Husain Rizvi noted that in absence of specific allegations against the Chief Editor, the person holding the post can't be summoned. 

The respondent herein had filed a complaint under Section-500 IPC before the concerned Magistrate alleging therein that a news item was published in Bareilly edition of Dainik Jagaran, daily newspaper alleging defamatory and malicious imputation against the complainant and by the said publication the accused persons had acted to defame him.

By the said news, the Dainik Jagran Published a news item that on the order of DIG a case has been registered in which his and his brother’s name i.e. Ram Prem was published. It was further mentioned that a case in connection with attempt to murder and assault (maarpeet) had been registered, whereas he and his brother are reputed and respected persons and furthe they are never involved in any criminal case.

Learned Counsel for the applicant contended that the Editorin-Chief of Jagaran Prakashan is not responsible for day to day reporting in local editions and same is done under knowledge and supervision of editors and local reporters. Applicant has no knowledge of the reports being published in the local edition and could not have been impleaded as accused and there is no specific allegations against the applicant and in absence of any positive allegations, the Magistrate was not justified to summon him, he submitted.

The learned Magistrate has also failed to consider that one witness examined by the complainant is his real brother while other is also near relative and there is no independent witness, he pointed out.

It was further contended that in the present case there was no intention to cause damage to the image of opposite party and hence Section 500 of IPC is not applicable.

Applicant has no personal enmity with the opposite party. The summoning order has been passed against the applicant without application of judicial mind in casual manner without assigning any reason and it is an abuse of process of the court and law, he averred.

He placed reliance on K.M. Mathew Vs. State of Kerala & ANR, 1991 Latest Caselaw 301 SC, Jaibrat Roy Chief Editor Rashtriya Sahara vs. State of U.P,  Vivek Goenka vs. State of Maharashtra and another.

Learned AGA, on the other hand contended that the news item published in daily news paper was based on totally wrong facts which stands corroborated from the police report. It was further contended that news item is based on false facts just to disrepute the complainant and his family.

The Court at the outset noted that there are no specific averment in relation to the petitioner in the complaint. It opined that being Editor-in-Chief in absence of specific allegations against the applicant the legal bar will apply against him.

He cannot be held responsible and prosecuted for any news item published in any edition of the news paper. The learned Magistrate has failed to consider the legal aspect of the matter and has passed the summoning order, in violation of legal provisions, hence summoning order in respect of the applicant is not sustainable and is liable to be quashed, the Court observed.

The Court accrodingly allowed the petition under Section-482 CrPC and quashed the defamation proceedings. 

Read Judgement Here:

 

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