( 1 ) THE present application is filed under sec. 482 of the Criminal Procedure Code by the applicant who is the Editor Printer and Publisher of a daily newspaper known as Jai Hind. In the issue of Jai Hind dated 21/11/1982 (in the weekly Purti) on page-2 an article on Aya Tolla was published. The heading of the article was Was Aya Tolla Khomaini born in India. The copy of the said article is annexed as Annexure-A to the petition. On the basis of that article the opponent No. 1 has filed a complaint under secs. 500 and 501 of the Indian Penal Code in the Court of the learned Judicial Magistrate First Class Rajula. which is numbered as Criminal Case No. 886/89. The learned Magistrate took cognisance of the said complaint and issued process against the applicant.

( 2 ) IN this petition the petitioner has submitted that there is not even a single word in the article which is defamatory and the entire complaint is filed only with a view to harass the petitioner who is a bold journalist. The petitioner further submits that even of the article contains some remarks which can be called to he defamatory of Aya Tolla. even then the petitioner has no right to file the presen