1. Heard Mr. J.M. Choudhury, learned senior counsel for the applicant. None appears for and on behalf of the opposite party/respondent.

This application is preferred under the provisions of section 482 of the Cr.PC for quashing the proceedings of Complaint Case No. 192/2002 pending in the Court of SDJM/Tezpur/District Sonitpur. By this application the petitioner, Sri Tilak Hazarika has challenged the legality and validity of order dated 20.3.2002 by which cognizance has been taken by the learned SDJM under sections 500/501, IPC against the revision petitioner and three others.

At this stage, it would be appropriate for this court to make a survey of the case of the opposite party/respondent, Sri Nakul Chandra Paul. Respondent/opposite party, Sri Nakul Chandra Paul is a resident of C.K. Das Road, Tezpur and he filed a Complaint Case being C.R. Case No. 192/2002 in which he arrayed the petitioner as one of the accused < in the complaint. It has been alleged that in the editions of the weekly newspaper "Sadin" dated 18.01.2002 and 25.1.2002, two news items captioned "Nari Byabasayeer Kabalat Sumi-Punam" and "Bitarkai Dhowajal Sristi Karishe Nari Byabasayar" were published wherein some imputations in regard to his character and profession and reputation of the respondent/opposite party were made. In the complaint, it is further alleged that the respondent/opposite party had been branded as "Kukhyat Byabasayee" and "hero of woman business in Tezpur Town" and "that he had been recently arrested and got bail in a case of that offence". That apart another imputation was made and published in the news item that he got married to a Arunachalee women while he was working at Naharlagun in Arunachal Pradesh and subsequently deserted both the women and engaged himself in illicit trafficking of Rhino Horns along with his brother Khakhan Paul.

It is contented in the complaint that vide this newspaper publication in the manner as stated above eroded his reputation in the eyes of the public at large not only at Tezpur but elsewhere within the State of Assam. That apart the news items also harm his family peace and also the reputation. This complaint was filed against this petitioner along with 3 (three) other persons namely Smt. Anuradha Sarma Pujari, Editor, "Sadin", Sri Jatin Choudhury, Printer and Publisher and Sri Pranab Priyankush Dutta, Correspondent, Sadin. This complaint was filed before the CJM, Tezpur which was subsequently made over to the Court of SDJM, Tezpur for disposal. The respondent/opposite party Nakul Chandra Paul was examined by the SDJM, Tezpur under the provisions of section 200, Cr.PC and having found a prima facie case took cognizance of the offence under sections 500/501 of the IPC against all the accused persons including this revision petitioner.

The petitioner being aggrieved by this order of taking cognizance of offence filed this present petition of quashing of the Complaint Case No. 192/2002 and order dated 20.3.2002 as well against him.

Sri J.M. Choudhury, learned senior counsel in support of the revision petition has raised a pertinent issue to be decided and argued that no legal action can be taken in respect of publishing those two news items in "Sadin". Chief Editor of a Newspaper cannot be booked in view of the provisions of section 7 of the Press and Registration of Books Act, 1867. Sri Choudhury in support of his contention has relied on the case ofHaji C,H. Mohammad Koya v. T.K.SM.A. Muthukoya, AIR 1979 SC 154. Referring to the provisions under section 7 of the Press and Registration of Books Act, 1867. Sri Choudhury argues that the petitioner, Sri Tilok Hazarika, the Chief Editor of "Sadin", is protected under this provision since for all news item published, the Editor as defined under Section *L of this Act is responsible. At the stage, it would be appropriate to refer to the definition of "Editor" as provided in section 1 of the Press and Registration of Books Act, 1867, which reads as under :

'"editor' me

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