Janak Raj Kotwal, J.

This is a petition under Section 561-A of the Code of Criminal Procedure, 1989 (for short the Code) for quashing of a complaint and proceedings under Section 500 Ranbir Penal code lodged against the petitioner and others by Respondent No. 1 and setting aside of the order dated 08.06.2012 passed by learned Sessions Judge, Udhampur whereby the application filed by the petitioner seeking his discharge in terms of Section 253(2) of the Code has been dismissed.

2. I have learned counsel for the parties and perused the record.

3. A few facts need to be stated. The Public Prosecutor, Udhampur with previous sanction (consent) of the State Government, Home Department, filed a complaint against the petitioner and proforma Respondents 1 and 2 for having published a news item in Newspaper, namely, Himalayan Mail, alleging that the same is defamatory against a public servant, namely, Vijay Singh Sambyal, a Senior Superintendent (SSP) of the Jammu and Kashmir Police. Petitioner has been arraigned as accused in his capacity as resident editor of the paper, proforma Respondent No. 1 as owner, printer, publisher and editor and proforma Respondent No. 2 as executive edito