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1994 Supreme(Gau) 196

M.SHARMA
Homen Borgohain and Ors. – Appellant
Versus
Brahmaputra Valley Regional Handloom Weavers Co- Operative Society Ltd. – Respondent


Advocates Appeared:
P.K.Barman, J.M.Choudhary, H.Deka, D.K.Bhattacharyya, B.M.Choudhary, A.R.Barthakur, T.G.Barua

This revision petition has been filed by the petitioners for quashing the Complaint Case No. 983 of 1993 pending in the Court of Judicial Magistrate, Guwahati and the entire proceeding therein and also the order dated 1.6.94 passed by the said Magistrate explaining the offence under section 500/501/502 read with section 34 IPC.

2. Plea against the maintainability of the complaint in the above mentioned complaint case has been raised to the effect that person aimed against in the impugned news item is not the Brahmaputra Valley Regional Handloom Weavers' Co-operative Society Ltd. but the Managing Director Mr. Jagannath Sarma. and that as the Managing Director Mr. Sarma did not file the complaint as the person aggrieved, the defamation case filed at the instance of the co-operative society is not maintainable.

3. The five petitioners, namely, petitioner No. 1 Homen Borgohain is the Editor of Asom Bani, an Assamese Weekly, petitioner Nos. 2, 3 and 4 PG Baruah, Binu Baruah and Surajit Govinda Baruah are the partners of M/s Asom Bani and petitioner No.5 Hari Chandra Bora is the Printer and Publisher of Asom Bani.

4. Complainant opposite party, namely, The Brahmaputra Valley Regional Handlo
























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