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1961 Supreme(P&H) 13

D.FALSHAW
Tara Chand Verma S/o Des Raj Verma – Appellant
Versus
State – Respondent


Judgment

Falshaw, J.

1. This revision petition has been filed by Tara Chand, who is the editor, printer and publisher of an Urdu Weekly called Shola published at Ambala Cantt. In the issue dated the 16th of December, 1959, under the heading "Scandal of the American milk powder in Punjab" there appeared an article in which serious imputations were made against Shri Benarsi Das Gupta, Deputy Minister of Food and Supplies in the Punjab Government.

2. In consequence of this, a complaint was filed by the Public Prosecutor, Ambala, in the Court of the Session Judge under Sections 500 and 501, Indian Penal Code, on the 15th of June, 1960. This step was taken under the provisions of Section 198-B of the Code of Criminal Procedure. The relevant provisions of this section read:

"198-B. (1) Notwithstanding anything contained in this Code, when any offence falling under Chapter XXI of the Indian Penal Code (Act 45 of 1860) (other than the offence of defamation by spoken words) is alleged to have been committeed against the President or the Vice-President or the Governor of a State or a Minister or any other public servant employed in connection with the affairs of the Union or of a State in res




















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