JUDGMENT - Jamdar M.S., J.-This petition, which was originally filed under Arti- cles 226 and 227 of the Constitution of India, was ordered by the Division Bench of this Court to be treated as a petition under Article 227 of the Con- stitution and was subsequently amended to make it one under Article 227 of the Constitution read with section 482 of the Code of Criminal Procedure. In view of this, the prayer of the petitioner that the provisions of section 3 of the Police (Incitement to Disaffection) Act, 1922, should be declared as ultra vires of the Constitution, does not survive for consideration, and as directed by the Division Bench of this Court by the order dated 25th November 1980, the only question that survives for consideration is about the correctness of the approach adopted by the learned Additional Sessions Judge and of the view taken by him on the provisions of the Code of Criminal Procedure.

2. The petitioner is the Editor of Marathi daily newspaper “Tarun Bharat”, which is printed and published at Nagpur. A news item appeared in the issue of the said daily dated 6–9-1973 about the alleged disrespect amongst policemen for their superior officers. The police inspector

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