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1967 Supreme(Cal) 219

N.C.TALUKDAR
SUNILAKHYA CHOWDHURY – Appellant
Versus
H. M. JADWET – Respondent


Advocates Appeared:
A.K.DUTTA, Amar Kumar, SATISH CHANDRA ROY, SUNIL KUMAR SEN

N. C. TALUKDAR, J.

( 1 ) THIS Rule must be made absolute. The present revisionsal application is for quashing, in so far as it relates to the petitioner, a criminal case being C. R. Case No. 638 of 1966, pending in the Court of the Additional District Magistrate at Port Blair. Andaman and Nicobar Islands under Section 500 I. P C.

( 2 ) THE facts leading on to the present revisional application may be put in a short compass. On the 14th May 1965 in the issue of the "darpan" a Bengali weekly published In Calcutta, an editorial article was published containing an alleged defamatory imputation against the complainant firm, viz. , R. Akoji Jadwet and Company This weekly used to be printed at a press owned by a Limited company, viz. , the Metropolitan Printing and Publishing House (P) Ltd. and at the relevant time, the present petitioner, Sunilakhya Chowdhury, was one of the Directors of the Company. The accused petitioner was neither the maker, that is the author nor the printer nor the publisher of the impugned publication and has been prosecuted as he is a director of the Company which owns the Press and which did the job of printing the said journal. The opposite party No. 2, Hiren













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