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2020 Supreme(Gau) 305
IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MANISH CHOUDHURY, J.
Sri Pranoy Bordoloi – Appellant
Versus
The State of Assam – Respondent
Criminal Petition 556 of 2012
Decided on : 09-06-2020
Advocate Appeared:
For the Appellant : Mr. A.K. Bhuyan
For the Respondent: Ms. S. Jahan, Adv
The judgment emphasizes the need for specific averments and documentary evidence to establish a prima facie case for criminal prosecution. It also clarifies the absence of vicarious liability in criminal law without specific statutory provisions.
Headnote:
Defamation - Criminal Proceeding - Code of Criminal Procedure, 1973 - Sections 500/34, Indian Penal Code - Section 482
Fact of the Case:
The petitioners sought quashment of a criminal proceeding for defamation under Sections 500/34, IPC and challenged the order taking cognizance and issuing process against them. The complaint alleged that the petitioners broadcasted a defamatory news item through a television channel, DY365, with the intention to lower the reputation of the complainant and witnesses.
Finding of the Court:
The court found that the complaint did not provide sufficient evidence to establish a prima facie case for defamation against the accused. It noted that the complaint lacked specific accusations against the accused persons and failed to produce the alleged defamatory news item for inspection. The court also emphasized the absence of vicarious liability in criminal law unless specifically provided by statute.
Issues: The issues revolved around the sufficiency of evidence to establish a prima facie case for defamation, the absence of specific accusations against the accused, and the lack of vicarious liability in the absence of statutory provisions.
Ratio Decidendi: The court held that for a criminal prosecution to proceed, there must be specific averments disclosing the accused's involvement in the alleged offence. It emphasized the need for documentary evidence, such as the alleged defamatory news item, to establish the foundation of the case. The court also highlighted the absence of vicarious liability in the absence of statutory provisions.
Final Decision: The criminal proceeding and the order taking cognizance and issuing process against the accused persons were quashed, and the accused persons were discharged of the offences alleged in the complaint.
JUDGMENT :
Heard Mr. A.K. Bhuyan, learned counsel for the petitioners and Ms. S. Jahan, learned Additional Public Prosecutor for the respondent no. 1, State of Assam. Notice in respect of the present proceeding had been duly served on the respondent no. 2 in the year 2012 but none has appeared for the respondent no. 2 till date.
2. This criminal petition under Section 482, Code of Criminal Procedure, 1973 (‘the Code’ and/or ‘the Cr.PC’, for short) has been preferred seeking quashment of the criminal proceeding of Complaint Case no. C.R. 407C/2012 and the order dated 25.06.2012 passed therein by the Court of learned Judicial Magistrate, 1st Class, Hojai, Sankardev Nagar (‘the trial court’, for short). By the order dated 25.06.2012, the learned trial court after taking cognizance on the complaint for the offences punishable under Sections 500/34, Indian Penal Code (IPC) and finding sufficient ground for proceeding against the two petitioners, directed issuance of process for their appearance to stand in the trial of the Complaint Case no. C.R. 407C/2012.
3. The complaint has been filed by the respondent no. 2 (hereinafter also referred to as ‘the complainant’, at places, for easy reference) on 11.06.2012 before the Court of Sub-Divisional Judicial Magistrate, Hojai, Sankardev Nagar arraigning the petitioner no. 1 as accused no. 1 and the petitioner no. 2 as accused no. 2 (hereinafter referred to as ‘the accused no. 1’ and ‘the accused no. 2’ respectively).
4. In the complaint, the complainant has mentioned that he is the Cultural Secretary of one Sadar Lanka Kerumoni Basanta Utsav Udjapan Committee(‘the Committee’, for short). It is mentioned that Sri Nipumoni Pathak and Sri Bappi Das are the Executive President and the Assistant Secretary of the Committee. On 02.06.2012 and 03.06.2012, the Committee had organized a series of Bihu Programmes. A Bihu dance competition was scheduled on 02.06.2012 and on 03.06.2012, various cultural programmes were scheduled. But on 03.06.2012, an incident of misbehaviour and assault took place during the prize distribution ceremony and when the situation became worse, the complainant along with the witnesses named in the complaint, went to Lanka Police Station. The cultural programmes scheduled for the day had to be cancelled. According to the complainant, a public meeting was organized at Lanka on the next day at the instance of the local people. In the said meeting, a resolution was passed to the effect that the complainant and the witnesses named in the complaint should be boycotted. The accusation of the complainant is to the effect that the two accused persons had broadcasted a news item in the television channel, DY365 on 07.06.2012 wherein it was mentioned that Lanka Nagarik Sabhahad boycotted the complainant and the witnesses from every kind of social function. After watching the news item, the complainant came to know that the persons shown in the news item were not the local people. One person amongst them made a statement that they came to protest against the boycott of TET passed teachers. The contention of the complainant is that the accused persons had broadcasted the news item falsely by adding the contents two different news items, unrelated to each other, with intention to lower the reputation of the complainant and the witnesses in the estimation of the people.
5. On receipt of the complaint, the same has been registered and numbered as Complaint Case no. C.R. 407C/2012 and after registration, the complaint was forwarded to the Court of learned Judicial Magistrate, 1st Class, Hojai, Sankardev Nagar for disposal. The learned trial court examined the complainant under Section 200, CrPC on 22.06.2012. Thereafter, finding a prima facie case for the offences punishable under Sections 500/34, IPC made out against the accused persons the learned trial court issued process against the accused persons for their appearance to stand in the trial.
6. Aggrieved by the institution of the complaint c
