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2000 Supreme(AP) 790

VAMAN RAO
I. VENKATA RAO – Appellant
Versus
AFGHAN KHASIM SAB – Respondent


VAMAN RAO, J.

( 1 ) THIS petition under section 482 Cr. PC seeks to quash the proceedings in CC No. 79 of 96 on the file of the Judicial First Class Magistrate, rayadurg, in which the petitioner as Editor of Telugu daily newspaper is sought to be prosecuted for an offence under Section 500 ipc. It appears that the complainant in the said CC, aggrieved by a publication in "andhra Jyothi" daily newspaper issue dated 29-9-1994 as being defamatory, filed the present complaint naming three accused. Accused No. 1 is the President, Muslim youth Association, Kanekal, accused No. 2 is the Correspondent, Andhra Jyothi Telugu daily newspaper, Kanekal, Anantapur district and accused No. 3 is the Editor, andhra Jyothi, Daily Telugu newspaper, renigunta Road, Tirupati. On summons being issued in the names of these accused, it appears the petitioner herein, who happened to be the Editor on the date of service of summons on him appeared before the Court. Jt was subsequently realised that on the date of the impugned publication, he was not the Editor and accordingly an application was moved before the learned Magistrate for discharging him on the ground that on the date of impugned publication he wa



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