JUDGMENT :

Heard Mr. J. Roy, learned Senior Advocate assisted by the Mr. A. Gautam, learned counsel appearing for the petitioner. Also heard Mr. A. K. Bhuyan, learned counsel appearing for the respondent Nos. 2 & 3; and Mr. P. Bhagat, learned counsel appearing for the respondent Nos. 4 to 7.

2. This is an application under Section 482 of the code of Criminal Procedure, 1973 for setting aside and quashing the complaint Case being C.R. Case No. 3048/2019 under Sections 499/500/501/502/34 of the Indian Penal Code and the order dated 11.02.2020 taking cognizance against the petitioners.

3. The brief facts leading to this present petition is that on receiving summons from the Court of learned Judicial Magistrate First Class, Kamrup Metro, the petitioner came to know that the respondent Nos. 2 & 3 have lodged the complaint before the learned Chief Judicial Magistrate, Kamrup Metro arraying the petitioners as accused Nos. 5 & 6 with the allegation that a news article published on 28.06.2019 in the respondent No. 4’s newspaper under the headline as “Advocate made an attack over Father-Son: Case Registered” the incident also described in the said published news. The publication or the news item, due to which the respondent Nos. 2 & 3 have presumed themselves to be defamed, have lodged the connected complaint/petition before learned Chief Judicial Magistrate, Kamrup Metro, which is accordingly registered as C.R. Case No. 3048/2019 under Sections 499/500/501/502/34 of the Indian Penal Code. Though the matter was initially committed by Mr. U. Borah, learned Judicial Magistrate First Class, Kamrup Metro but on the basis of the transfer petition, the same was transferred before the Court of learned Judicial Magistrate First Class, Kamrup Metro.

4. It is further stated that the incident, as published in the newspapers of respondent No. 4 dated 28.06.2019 is absolute true and the same has been published pursuant to lodging of an ezahar by the petitioner No. 1 on 26.09.2019 at Bhangagarh Police Station against the respondent Nos. 2 & 3 describing about the incident that took place on that day. The said ezahar has been registered and numbered as Bhangagarh Police Station Case No. 222/2019 under Section 341/325/506/34 IPC. In the said case the charge-sheet was also filed by the Investigating Officer against the respondent No. 2 under Sections 294/323/506 IPC. One Civil suit is also pending before the learned Munsiff No. 1, Kamrup Metro at Guwahati preferred by the petitioner No. 1 pertaining to common passage used by both the petitioners and the respondent No. 2.

5. The said suit is registered and numbered as T. S. No. 137/2015 and in the said title suit the petitioner No. 1 has also preferred a Misc. Case which is numbered as Misc. (J) Case No. 221/2015 seeking mandatory injunction for removal of the iron shed installed by the respondent No. 1 and also prayed for a prohibitory injunction restraining the respondent No. 1 from parking any vehicle over the common passage but the learned court of Munsiff No. 1, Kamrup Metro vide order dated 24.09.2015 dismissed the said Misc. (J) Case No. 221/2015. On being aggrieved by the petitioner No. 1 preferred an appeal before the Court of learned Civil Judge, Kamrup Metro which is registered and numbered as Misc. Appeal No. 31/2015 and vide order dated 26.04.2019, the order was pleased to set aside and an appeal was allowed restraining the respondent No. 1, his men, agents, workmen and associates from blocking the common passage.

6. The respondent No. 2 has preferred a civil revision petition before this Court challenging the order passed by the learned Civil Judge No. 1, Kamrup Metro, which is registered as C.R. P(I/O) No. 182/2019 and vide order dated 14.06.2019, this Court was pleased to suspend the operation of order dated 26.04.2019 passed by the learned Civil Judge No. 1 till returnable date subject to the condition that respondent No. 2 would not pose any obstruction in the free and unhindered usage of the