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GAUHATI HIGH COURT
S. M. ALI, J.
SMT. ARUNA ASAF ALI AND OTHERS
VERSUS
PURNA NARAYAN SINHA
Criminal Revn. No.8 of 1983,
Decided on : 14 -6 -1983.
CRIMINAL PROCEDURE CODE, 1973 - SECTION 199 - DEFAMATION - AGGRIEVED PERSON - COMPLAINT - VALIDITY - COURT ANALYSIS AND CONCLUSION - THE COMPLAINANT IS NOT AN AGGRIEVED PERSON AS ENVISAGED UNDER SECTION 199, CR.P.C. - THE PROCEEDING IN ITS PRESENT SHAPE SHOULD NOT CONTINUE.
Fact of the Case:
THE COMPLAINANT, AN AGITATIONIST AGAINST FOREIGN NATIONALS IN ASSAM, FILED A COMPLAINT AGAINST THE PETITIONERS FOR PUBLISHING ARTICLES AND A PHOTOGRAPH IN A NEWS MAGAZINE ALLEGING THAT THE ASSAM AGITATION WAS A THREAT TO NATIONAL SECURITY AND THAT IT WAS BEING NOURISHED AND HELPED BY U.S. IMPERIALISTS.
Finding of the Court:
THE COURT HELD THAT THE COMPLAINANT WAS NOT AN AGGRIEVED PERSON AS ENVISAGED UNDER SECTION 199, CR.P.C., SINCE THE TERM "AGITATIONISTS" DID NOT CONNOTE A DEFINITE OR IDENTIFIABLE BODY AND THERE WAS NO INDICATION THAT THE COMPLAINANT HIMSELF WAS INCLUDED IN THE PHOTOGRAPH ALLEGEDLY DEFAMATORY.
Issues: WHETHER THE COMPLAINANT WAS AN AGGRIEVED PERSON AS ENVISAGED UNDER SECTION 199, CR.P.C.
Ratio Decidendi: THE COURT RELIED ON THE PROVISIONS OF SECTION 199, CR.P.C., WHICH LAYS DOWN AN EXCEPTION TO THE GENERAL RULE THAT A COMPLAINT CAN BE FILED BY ANYBODY WHETHER HE IS AN AGGRIEVED PERSON OR NOT AND MODIFIES THAT RULE BY PERMITTING ONLY AN AGGRIEVED PERSON TO MOVE THE MAGISTRATE IN CASE OF DEFAMATION.
Final Decision: THE PETITION WAS ALLOWED, AND THE IMPUGNED PROCEEDING AND THE ORDER PASSED BY THE LEARNED MAGISTRATE WERE QUASHED.
Heard learned counsel for the petitioners. None appears on the other side.
2. This application under Section 482, Cr.P.C., is directed for quashing the proceeding of Case No. C.R.537 of 1982 pending in the Court of the Judicial Magistrate, 1st Class Tezpur, as well as the order dated 19-8-1982 passed by the learned Magistrate issuing process under Sections 500/501/34, IPC, against the petitioners for appearance in the Court.
3. Opposite party Shri Purna Narayan Sinha instituted a complaint before the learned Judicial Magistrate, Darrang, Tezpur, on 18-8-1982 alleging that the people's agitation known as Assam Agitation spearheaded by All Assam Students Union (AASU) and All Assam Gana Sangram Parishad (AAGSP) was in progress for the past 3 years against infiltration of foreign nationals into Assam, demanding their detection, deletion of their names from the electoral rolls and their deportation and that this movement is not aimed at secession of Assam from India. It is further alleged that accused No.1 V.D. Chopra, Editor, Link News Magazine, accused 2 R.K. Misra, Jt. Editor of the Magazine, accused 3 Aruna Asaf Ali, Chairman, Editorial Board of the said magazine, accused 4, N.S. Raghave, Printer and Publisher of the said magazine, accused 5, T.N. Kaul, a contributor of the said magazine, accused 6, B.T. Ranadive another contributor of the said magazine and Member, Polit Bureau CPI (M) and President, CITU, all of them with the common object and intention of sabotaging the Assam agitation and forthcoming talk for settlement of the issues involved between the agitators and the Government of India and for defaming and lowering the Assam agitationists in the eyes and estimation of the world public, published in the issue of the 15th August, 1982 of the Link News Magazine, an article captioned "Improving the Body Politic" at pages 11 and 12 together with a group photograph of some of the agitationists sitting in Dharna (Satyagraha) captioned "Assam Agitationists - Threat to National Security from inside" which was contributed by accused 5. It is alleged that this false statement has been deliberately published to defame the peaceful agitationists and to baffle the talk of settlement between the agitators and the Government of India that was going to be held on 25th August, 1982 as well as to lower the agitation leaders in the eyes and estimation of the people of the world. Accused 6 has contributed to the issue of the Link News Magazine which has been published by Accused 1, 2, 3 and 4 at pages 20 and 21, an article captioned "case of an Enchained Eagle" wherein inter alia it is stated "the entire north eastern region is seething with discontent. Assam and other States have become the hotbed of secessionist movement nourished and helped by U.S. imperialists. It is known that there is foreign hand which is diverting the discontent into secessionist channels" etc. etc. It is stated in the complaint that the complainant is one of the agitationists and that he courted arrest and imprisonment in connection with his taking part in the satyagraha and demonstration in the agitation.
4. On this complaint the learned Magistrate examined the complainant under Section 200, Cr.P.C., and summoned the accused persons under Section 500/501/34, IPC. But as the accused persons failed to appear, the learned Magistrate ultimately issued warrant of arrest against them. Thereafter, this petition has been filed on behalf of the petitioners.
5. The complainant states that accused 5 Shri T.N. Kaul and accused 6 Shri B.T. Ranadive contributed the aforementioned two articles in the annual number of the Link News Magazine dated 15th August, 1982 under the captions respectively "Improving the Body Politic", and "case of an Enchained Eagle". Along with the complaint a copy of the said issue of the Magazine was also submitted by the complainant before the learned Magistrate. In the firstly mentioned article is contained a group photograph and below it the de
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