( 1 ) THIS is a Rule at the instance of three persons who had been accused under Section 500. Penal Code by the complainant opposite party one Manotosan Roy of having defamed him in an issue of the newspaper, called, the Loke Sevak, dated 20-12-1951.

( 2 ) IT is said that the opposite party was complained against by one Nirapada Mukherjee of criminal acts in connection with collection of the Bills of Nirapada through the People's Bank of Ghatal, of which Monotosan Roy was the Chairman. A short statement of the complaint as made and the action taken on the same appeared in the Loke Sevak. The Magistrate issued process against Manotosan Roy and others. As an item of news this was published in the newspaper.

( 3 ) MANOTOSAN Roy appears to have been very much ill-advised to rush to a Criminal Court on the ground of defamation instead of vindicating himself in the charge that was brought against him. Exception 4 to Section 500 is as follows: "it is not defamation to publish substantially true report of the proceedings of a Court of justice or of the result of any such proceedings. "

( 4 ) THE Explanation appended to the Exception will show that the phrase "court of