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1980 Supreme(Guj) 8

S.H.SHETH, A.M.AHMADI
SHALIBHADRA SHAH – Appellant
Versus
SWAMI KRISHNA BHARTI – Respondent


Advocates Appeared: HARUBHAI MEHTA, M.C.BAROT, N.L.VED

A. M. AHMADI, S. H. SHETH, J.

( 1 ) THE petitioner in both these applications is the editor printer and publisher of a Gujarati Weekly AASPASS. In the issue of 31 July 1977 of his Weekly an article appeared under the caption Why Acharya Rajnishji leaves Pune ? which contained remarks concerning the said religious leader which are stated to be of a scurrilous and defamatory nature Respondent No. 1 in both the petitions are the devotees of the said Acharya Rajnishji whom they worship as Bhagwan (God ). Respondent No. 1 of Miscellaneous Criminal Application No. 786 of 1978 filed a private complaint in the Court of the learned Judicial Magistrate First Class Karjan alleging that the petitioner had by publishing the said article in his Weekly committed offences punishable under secs. 295a and 298 of the Indian Penal Code. Respondent No. 1 of the other Miscellaneous Criminal Application filed a similar complaint No. 425 of 1978 in the Court of the learned Judicial Magistrate First Class Baroda (Fourth Court) alleging that the petitioner had committed offences punishable under secs. 295a and 298 of the Indian Penal Code. The learned Magistrates before whom these two complaints were filed i










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