Liability of an Editor.

JUDGMENT

Chandramauli Kr. Prasad, J.:-

The petitioner Gambhirsinh R. Dekare, at the relevant point of time was serving as Taluka Mamlatdar and an Executive Magistrate in Vadodara Taluka in the State of Gujarat. A Gujarati daily newspaper “Sandesh” is published from different places i.e., Surat, Valsad, Bharuch, Vadodara and other cities of India. Navinbhai Chauhan is the Resident Editor of Vadodara edition of “Sandesh” whereas Falgunbhai Chimanbhai Patel is the Editor of “Sandesh”. The newspaper published a news item in its Vadodara issue dated 28.09.1999 that the petitioner “is in love and keeping illicit relations with the wife of a doctor at Ajwa Road with the following headlines:

“Mamlatdar Shri Gambhirsinh Dhakre is caught red handed by the youngsters- Mamlatdar is indulged in illicit relations with the wife of Doctor who is residing at Ajwa Road- attempts to conceal the matter- why the Government is not taking any action against the Mamlatdar?”

2. According to the petitioner (hereinafter referred to as “the complainant”), the allegation published in the newspaper is false and defamatory. Accordingly, he filed complaint in the Court of Chief Judicial Magistrate, Vadodara. The complainant alleged that the news items are printed in the newspaper “as per the instructions and directions of the accused persons”. In paragraph 3 of the complaint the complainant alleged as under:

“3. The Accused No. 1 and 2 of this case have deliberately published the news in the Page No. 12 of their daily newspaper ‘Sandesh’ dated 28/9/99 which is quite defaming and offending to us. The accused persons were in the knowledge that we the complainant shall be defamed in the Society due to publishing of such news and with a view to vilify us as the person having bad character, the accused persons, in collusion with each other, have published the following news in the newspaper deliberately.”

3. The complainant termed those allegations to be false and stated that the Editor and the Resident Editor have tried to prove him a characterless person in the society and because of that he had faced shameful and disgraceful situation amongst the family members and friends. The news item further brought him in disrepute in the Department and the public. It has been alleged that the accused persons have published the news item without any evidence or proof. The complainant denied to have any illicit relation with the doctor’s wife. The complainant was examined on solemn affirmation in which he reiterated the allegation.

4. The Chief Judicial Magistrate, taking into account the allegation made in the petition of complaint and the statement of the complainant on solemn affirmation, took cognizance of the offence under Section 500, 501, 502, 506, 507 and 114 of the Indian Penal Code and issued process against both the accused.

5. Accused no. 2, Falgunbhai Chimanbhai Patel, the Editor of “Sandesh”, aggrieved by the order taking cognizance and issuing process, filed an application before the High Court seeking quashing of the complaint filed before the Chief Judicial Magistrate, Vadodara on 08.10.1999. He sought quashing of the complaint on the ground that he is the Editor of the newspaper, stationed at Ahmedabad and the offending news item was published in the Vadodara Edition of the newspaper, of which Navinbhai Chauhan, accused no. 1, is the Resident Editor. It was further contended that he was not aware of the offending news item being published in the newspaper or for that matter he had any role to play in selection of such item for publication. The High Court by the impugned order allowed the application and while doing so observed as follows:

“6. In the complaint itself, the petitioner is described as editor of the newspaper and his address is shown at Ahmedabad. Original accused No. 1 is described as a resident editor of Baroda of the same newspaper. It is not in dispute that the newspaper in question has its registered office at Ahmedabad and Baroda edition