HITESH KUMAR SARMA, J.

1. This criminal petition is filed under Section 482 Cr.P.C., seeking quashment of the CR Case No. 3364C/2014, pending before the learned Judicial Magistrate 1st Class, Kamrup (M), Guwahati.

2. I have perused the petition as well as the annexures furnished therewith including the copy of the complaint, referred to above.

3. The present respondent No. 2, as complainant, filed the aforesaid complaint case alleging the commission of offence by the present accused-petitioner as well as the other accused persons, named in the aforesaid complaint, under Sections 499/500 IPC for causing defamation to him.

4. The fact, as alleged, is that the respondent No. 2/complainant is a sports person and record holder in many events and his name has been included in the India Book of Records, Asia Book of Records and is also qualified for the Guinness Book of Records 1st Addition 2011, Limca Book of Records 2011 and also included his name in Assist World Records and World Record University and Kriya Ratna Award 2012. The present accused-petitioner and his co-accused in the complaint Mr. Anil Mahanta held a press meet on 25.1.2013 at Jorhat Press Club and both of them made some defamatory statements against the complainant/respondent in their such statements in the press meet that the present respondent/complainant achieved various awards including Guinness Book of Records, Limca Book of Records, India Book of Records, Assist World Records and Asia Book of Records by playing fraud and these records were purchased by him paying money, and his doctorate degree, conferred by World Record University, UK, was also purchased. The said press meet was widely covered by the electronic media of Assam as well as print media of Assam and was also published in the Assamese Newspaper Dainik Janambhumi. It is alleged in the complaint that accused No. 3 of the complaint, Smt. Anindita Tamuli, also held a press meet at Upasana Palace in Guwahati on 29.1.2014 which was published in print media defaming the complainant/respondent saying that anybody can purchase records, if paid for that. This press meet was also widely covered by the vernacular newspapers of the state of Assam.

5. I have heard Mr. AK Purkayastha, learned counsel for the accused-petitioner, Mr. BJ Dutta, learned Additional Public Prosecutor, appearing for the State respondent No. 1 as well as Mr. J Roy, learned counsel appearing for the respondent No. 2.

6. The learned counsel for the accused-petitioner has submitted that the complaint, referred to above, be quashed on the ground that:-

i. The press meet involved in this case, making the alleged imputations, was held at Jorhat and therefore, the Court at Guwahati has no jurisdiction.

ii. The news item published following the press meet, referred to above, is covered by the Right to Freedom of Speech guaranteed under Article 19 of the Constitution of India and that the defamatory imputation alleged in the instant case does not attract an offence under Section 499 of the IPC.

iii. On the same facts, the present respondent No. 2/complainant instituted a civil suit, being TS No. 109/2014, before the learned Civil Judge No. 2, Kamrup (Metro) claiming damages for defaming the complainant/respondent No. 2 by the imputations mentioned in the complaint petition and said Civil Suit was disposed of vide judgment dated 03.01.2018. The suit was dismissed without cost. The suit proceeded ex-parte against the present petitioner who was defendant No. 2 in the Civil Suit. The learned counsel for the accused-petitioner has submitted that the finding of the learned Civil Court is binding upon the criminal court, and therefore, the criminal case needs to be quashed.

iv. The learned counsel for the accused-petitioner has urged upon this Court to quash the complaint also on the ground that the press meet held at Jorhat in which the defamatory imputations were allegedly made in respect of the complaint/respondent No. 2 was not made by the present a