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2017 Supreme(Raj) 438

PUSHPENDRA SINGH BHATI
Ashish Bagga S/o Mr. B. B. Bagga – Appellant
Versus
State of Rajasthan through Secretary, Ministry of Home, Jaipur, Rajasthan – Respondent


Advocates Appeared:
For the Petitioners:Mr. Paras Kuhad, Senior Advocate assisted by Mr. Vikas Balia, Mr. Sunil Mehta, Mr. Jayant Mohan, Mr. Pramod Vyas, Mr. Dinesh Pal Singh, Dr. Punit Jain from India Today Group.
For the Respondents: Mr. V.S. Rajpurohit P.P., Mr. M.K. Tak, Mr. Yogesh Sharma.

JUDGMENT :

1. Since all the three criminal misc. petitions under Section 482 Cr.P.C. have been filed for quashing of the order dated 30.11.2006 passed in Complaint No.1669/2006 pending before the Court of Additional Civil Judge and Judicial Magistrate, First Class No. III, Jodhpur, Rajasthan under Section 228A of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’) and the proceedings emanating therefrom, therefore, they have been heard together and are being disposed of by this common judgment.

2. All the petitioners are suffering impugned order taking cognizance on an application filed under Section 228A IPC, which prohibits disclosure of identity of the rape victim during trial.

3. Brief facts of the case, as noticed by this Court, are that on 01.06.2005, certain persons were convicted for the offence of rape against a German tourist by the learned Additional Sessions Judge (Fast Track) No.1, Jodhpur in Sessions Case No.87/2005. On 30.03.2006, the India today Magazine published an Article titled as “Bharose Par Bhari Chot”, which contained the name of the victim of































































































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