P.K. SAIKIA, J.

1. This proceeding U/s 482 of Cr.P.C has been initiated by the petitioners seeking quashment of the proceeding which was registered as C.R. Case No. 3329c/2014, now, pending in the court of the learned Judicial Magistrate, Ist Class, Kamrup (M), Guwahati in so far as the present petitioners are concerned.

2. I have heard Mr. D. Chakraborty, learned counsel for the petitioners and Mr. A.M. Bora, learned counsel appearing for respondent No. 2 as well as Mr. N.J. Dutta, learned Addl. Public Prosecutor, Assam, appearing for the State respondent.

3. The facts, necessary for disposal of the present petition, in short, are that one Sri Pradyut Kr. Bhuyan, respondent No.2 herein, has filed a complaint before the learned Chief Judicial Magistrate, Kamrup, Guwahati which was registered as C.R.No.3329c/2014 and which was subsequently came to be transferred to the file of the learned Judicial Magistrate, Ist Class, Kamrup, Guwahati.

4. Said complaint was lodged with the allegation that the publication of a news item in an Assamese Daily News Paper, run under the name and styled 'Amar Asom' on 22.11.2014 and 23.11.2014 as well as the publication of such news item in English Daily News Paper, run under the name and styled 'The North East Times' on 22.11.2014 and 23.11.2014 as well as the publication of same news item in Hindi Daily News Paper, run under the name and styled 'Purvanchal Prahari' on 22.11.2014 and 23.11.2014 concerning petitioner herein are totally false and frivolous.

5. It has also been alleged that such news items gave an impression that the present petitioner, who is a renowned political personality in the state of Assam and beyond, has been carrying on the business of running coal syndicate most illegally. But such news items are not only enormously false but defamatory as well causing huge damage to the reputation of the petitioner, apart from causing him to suffer huge mental agony.

6. On the receipt of such complaint, learned Magistrate took cognizance of offence and examined the complainant and one witness in terms of Section 200 CrPC and thereafter was pleased to issue summons U/s. 499/500/501/12(B) of IPC against all the accused persons therein, they being 1). Sri Prasant Rajguru, Executive Editor of 'Amar Asom', 2). Sri P.Lal, Printer and Publisher of 'Amar Asom', 3). Samir Agarwala, Director, GL Publication Ltd, and 4). Neha Agarwala, Director, G.L. Publication Ltd., vide order dated 22.01.2015 rendered in CR Case No. 3329c/2014.

7. Being aggrieved, by the aforesaid order, the petitioner No. 1 and 2 herein who were arraigned as accused No. 3 and 4 in the aforesaid complaint case had approached this Court by way of present application U/s. 482 of Cr.P.C. contending that the complaint in respect of the present petitioners as well as the order under which cognizance of offences U/s. 500/34 IPC has been taken against the petitioners herein are unsustainable in law.

8. In that connection, it has been stated that the present petitioners are no way responsible for the publication of the aforesaid statements, alleged to be defamatory. In support of such contention, it has also been stated that the petitioner No.1 and 2, being the Directors of G.L. Publication Ltd, have no knowledge about the publication of alleged defamatory statements and as such, in terms of Section 7 of the Press and Regulations of Books Act, 1867 (in short 'Act 1867') they cannot be prosecuted.

9. Referring to Section 7 of the Act of 1867, the learned counsel for the petitioners submits that only such person who is shown as owner or editor of publication in question and whose names are printed in the concern news paper as owner or editor of such news paper can be prosecuted. The Director of the News publications whose name is not printed in the news paper in terms of Section 5 of the Act of 1867 cannot be prosecuted for publication of any defamatory news item.

10. Since the present petitioners, who are admittedly the Directors of the a