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HIGH COURT OF ORISSA
R. L. Narasimham, C. J.
BANKA BEHARI SINGH - Appellant
Versus
O. M. THOMAS - Respondent
Criminal Revn. 122 Of 1959
Decided On : NOVEMBER 26, 1959
JURISDICTION - DEFAMATION - PUBLICATION OF BOOKS - JURISDICTION OF COURT - PRINTING AND PUBLICATION OF BOOKS OUTSIDE JURISDICTION - NO EVIDENCE OF CONSPIRACY OR DISSEMINATION BY ACCUSED - MAGISTRATE LACKING JURISDICTION TO TRY CASE.
Fact of the Case:
Petitioner filed a complaint alleging defamation against nine persons for publishing defamatory books. The books were printed and published outside the jurisdiction of the Magistrate at Jashpurnagar. The Magistrate discharged four of the accused, finding no prima facie case against them. The petitioner challenged the discharge order in revision.
Finding of the Court:
The court held that the Magistrate at Jashpurnagar lacked jurisdiction to try the four accused persons who were discharged. There was no evidence to establish their identity with the authors, printers, or publishers of the books, and no evidence of a conspiracy or dissemination of the books by them in Jashpurnagar.
Issues: 1. Whether the Magistrate at Jashpurnagar had jurisdiction to try the four accused persons who were discharged. 2. Whether the identity of the accused persons with the authors, printers, or publishers of the books was established.
Ratio Decidendi: 1. The court held that the Magistrate at Jashpurnagar lacked jurisdiction because the printing and publication of the books took place outside his jurisdiction. The principle of Section 34 of the Indian Penal Code (conspiracy) was not applicable as there was no evidence of a conspiracy or dissemination of the books by the accused persons in Jashpurnagar. 2. The court held that the identity of the accused persons with the authors, printers, or publishers of the books was not established. There was no direct evidence apart from what was printed in the books, and the complainant's testimony was insufficient. The accused persons were not men of such repute as to attract the provisions of Section 87 of the Evidence Act.
Final Decision: The revision petition was dismissed.
R. L. NARASIMHAM, C. J.
( 1 ) THIS is a petition, in revision, against the judgment of the Sessions Judge of Sambalpur, declining to interfere with an order of discharge passed by the First Class Magistrate of sambalpur.
( 2 ) ON the 20th July 1937 the petitioner tiled a complaint in the Court of the First Class Magistrate. Jashpurnagar, in the district of Raigarh, in Madhya Pradesh against nine persons alleging that they committed offences under Sections 500, 501 and 502 read with Section 34 of the Indian Penal Code, against him. The substance of the allegation was that in three printed books grossly defamatory statements were made against the petitioner by the authors of the same, and that the books were printed and published at the places noted in them and that they were also widely disseminated in Jashpurnagar within the said district of Raigarh where the petitioner was residing. One of the books is entitled "voice of Truth" of which one of the part authors is one O. M. Thomas. In that book it was mentioned that it was published by O. M. Thomas, 20 Elgin Road, Allahabad and that it was printed at St. Paul's Press Training School, Allahabad. The second book is entitled "annotations on the Niyogi Report" written by Rt. Rev. Oscar Sevrin S. J. and published by Pushpa Publishers of Nagpur, it is further mentioned in that book that it was printed by Wilfred Maciel at "pushpa" 46 Kingsway, Nagpur-1. The third book is entitled "why are you nervous of Conversion to Christianity?". The author is one M. Morris. The book was printed and published at Sanjiban Press, Digha Ghat, Patna. In this book it is further mentioned that the sale proceeds would go to the Catholic Regional Council, Ranchi. Two of the books (excluding "the Annotations on the Niyogi Report") are priced publications.
( 3 ) THE learned Magistrate of Jashpurnagar issued process against the nine persons named in the petition of complaint. Two of them, namely, G. K. Francis and M. Morris are reported to be dead. The trial, therefore, proceeded against the remaining seven persons, but in the meantime on their application to the Supreme Court under Section 527 Cr. P. C. then Lordships of the Supreme Court were pleased to transfer the case to the District Magistrate of Sambalpur, for trial by a competent Magistrate. The case came up for trial, in due course, to the file of Sri G. C. Mallik, Magistrate, First Class, Sambalpur, who, after examining several prosecution witnesses in chief and also after cross-examining them, discharged four of the accused persons namely Rev. Father T. Barret, (opp. party No. 3, O. M. Thomas (opp. party no. 1), Rev. A. Rossi (opp. party No. 2) and Wilfred Maciel (opp. party No. 4) observing that no prima facie case was made out against them. The trial continued against the remaining three persons, namely, Rt. Rev. Oscar Sevrin (opp. party No. 5), Ignace Beck (opp. party No. 6) and John Ekka (opp. party No. 7 ). Rev. Father J. Barret is said to be the Manager of Sanjivan Press, Digha Ghat, Patna where the publication "why are you nervous about conversion to Christianity?" was published. Mr. O. M. Thomas is (as already pointed out) the joint author and publisher of the book "voice of Truth. " Rev. A. Rossi is the Manager in St. Paul's Press Training School, Allahabad where the book was printed. Sir Wilfred Maciel is said to be the Printer and Publisher of the book entitled "annotations on the Niyogi Report", residing at 'pushpa' 46 Kingsway, Nagpur 1.
( 4 ) BOTH the lower courts have held that no prima facie case was made out against the aforesaid four accused persons for the following reasons: (i) The identity of these persons with the persons named either as the author or as the printer or publishers in the aforesaid books, has not been established. (ii) The Magistrate at Jashpunagar had no jurisdiction to take cognizance of the offence alleged against any of these persons inasmuch as the printing and publishing took place either at Allahaba
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