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1969 Supreme(Cal) 219

N.C.TALUKDAR
SUKAMAL KANTI GHOSH – Appellant
Versus
SHOULMARI ASHRAM – Respondent


Advocates Appeared:
AJIT KUMAR DUTT, BIRENDRANATH BANERJEE, PRASUN CHANDRA GHOSH, Ramendra Kumar Roy

N. C. TALUKDAR, J.

( 1 ) THIS Rule is connected with the other Rule disposed of by me viz. . Criminal Revision Case No. 1244 of 1967 and is for quashing the proceedings under Section 500 of the Indian Penal Code, pending before Sri A. K. Roy, Magistrate, 1st Class, Mathabhanga, Cooch Behar, in case No. C. R. 4 of 1966.

( 2 ) THE facts leading on to the present Rule are short and simple. The complainant Jnanendra Chandra Banerjee, claiming himself to be a member and worker of the Shoulmari Ashram, P. S. Mathabhanga and also to represent the said Ashram, filed a complaint under Section 500, I. P. C. on 4-1-1966 in the Court of Sri H. R. Dass, Magistrate, 1st Class, Mathabhanga, Cooch Behar, against the two accused, Sookomal Kanti Ghose, Editor of a Bengali Daily called the "jugantar" and Dhirendranath Sen, Printer and Publisher of the said Daily. The Impugned publication is an item of news served by the P. T. I. and U. N. I. , news agencies, and appeared in the issue of the above mentioned Daily dated the 7th December, 1965 under the sub-heading "shoulmari Sadhu", the English translation whereof is as follows: "the Foreign Minister stated that the Sadhu of Shoulmari who calls himse




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