Judgment

SHAH, J. : Appellant No. 1 is the editor and appellant No. 2 is the printer and publisher of the "New Age" - an English Weekly news sheet published in Delhi. On May 15, 1959, the Public Prosecutor, Kanpur, filed a complaint in the Court of Session, Kanpur, against the appellants charging them with having published news item in the issue of the "New Age" dated November 16,1958, knowing or having good reasons to believe the same to be false and defamatory of the Chief Minister of the State of Uttar Pradesh "in order to harm his reputation in the eyes of the public in general and among his acquaintances in particular". With this complaint was filed an order under the signature of the Home Secretary to the Government of Uttar Pradesh sanctioning under S. 198B (3) (b) of the Criminal Procedure Code the filing of a complaint by the Public Prosecutor for an offence under S. 500, Indian Penal Code against the appellants in respect of the news item published on November 16,1958, under the caption "Explosive Situation in Kanpur". The learned Sessions Judge took cognisance of the complaint. After six witnesses were examined on behalf of the prosecution he framed a charge against the a