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2022 Supreme(J&K) 283

JAVED IQBAL WANI
S. K. Bhalla (Prof. ) – Appellant
Versus
Kamal Rometra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Chetan Prabhakar.
For the Respondent: Navyug Sethi.

JUDGMENT :

JAVED IQBAL WANI, J.

1. The petitioner herein through the medium of the instant petition filed under Section 561-A of Cr.P.C. (482 Cr.P.C.) seeks quashment of compliant No. 55/Comp titled as Kamal Rometra vs. Prof. S.K. Bhalla, for offences under Sections 211 and 500 (b) RPC passed by the court of learned 1st Civil Subordinate (Sub-Judge), Municipal Mobile Judicial Magistrate 1st Class, Jammu (for short the ‘Trial Court’) along with order of cognizance dated 01.11.2016 (for short ‘the impugned order’).

Brief facts of the case:

2. The factual matrix of the matter, as reflected from the complaint, which came to be filed by the respondent herein against the petitioner herein in the trial court is that the complainant-respondent herein is the editor of leading newspaper of Jammu and Kashmir, namely ‘Daily Excelsior’ having its widest circulation amongst all the local newspaper in Jammu and Kashmir and that because of the efforts of the father of the complainant-respondent herein for the last more than 50 years, the said newspaper made up its name and created a niche for itself in J&K and that the newspaper is known for fearless and transparent reporting on account of high moral

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