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