Judgement

HIDAYATULLAH, J. :- This is an appeal against an order of a learned Single Judge of the High Court of Bombay discharging the respondents in a criminal case in which they were made accused with one Sudhakar Gopal Madane.

2. The matter arises in this way. The Public Prosecutor, West Khandesh, Dhulia with the previous sanction of the State Government filed a complaint against four persons who are members of the Editorial Board of a Maharathi Weekly named "Maharashtra", under Section 500 of the Indian Penal Code. The complaint was that in an issue of the Maharashtra dated October 30, 1959, they had published an article which tended to defame one M. A. Deshmukh I. A. S., Collector and District Magistrate, West Khandesh in respect of his conduct in the discharge of his public functions. We need not go into the facts of that article or the gravamen of the charge of defamation. This Weekly Maharashtra is registered as a newspaper and a declaration in Form I under Article 3 of the Press and Registration of Books Act, 1867 has been filed by Sudhakar Gopal Madane who has described himself in the declaration as the editor, printer & publisher of the newspaper. The particular copy of th