The main legal point established in the judgment is the application of the parameters for interference under Section 482, Cr.P.C. and the conditions for granting exemption from personal appearance to the accused.

Surya Kant, J.

1. In this petition under Section 482, Cr.P.C. prayer for quashing of criminal complaint under Section 500, I.P.C. dated 30-3-2000 (Annexure P6) and the summoning order (Annexure P8) of the even date as well as subsequent proceedings arising therefrom, has been made.

2. The petitioners are Editor and Printer -- Publisher of the daily news paper The Hindustan Times respectively. The impugned complaint which has been filed by respondent No. 2 originated from a news item dated 23-12-1999 titled as "NCP leader accused of cheating," published in The Hindustan Times. It was founded upon some press conference held by one Balbir Singh Pal, who claimed himself to be the District President of Haryana Vikas Party and allegedly accused-respondent No. 2 the complainant of defrauding the aforementioned party of Rs. 10 crores. As per the contents of the news items, the said Balbir Singh Pal alleged that the complainant organised about 400 meetings in the State and at each meeting Rs. 50-60,000.00 were collected by him but he did not deposit the amount in the partys account except an amount of Rs. 1.75 lacs. It was thus alleged that the complainant betrayed the party and its supremo Sh. Bansi Lal.

3. It appears that one K.B. Gupta, a correspondent to The Hindustan Times, also attended the aforesaid press conference and upon his report, the news item in question was published.

4. In the impugned complaint (Annexure P6) respondent No. 2 the complainant after highlighting his social and political status, standing at the Bar as an Advocate and his participation in different walks of life, has alleged that the news item was published without verifying the true and correct facts and the same has tarnished his image amongst his family members, friends and society in general and immeasurable loss in terms of character assassination has been caused to him, apart from the fact that he has also been made an object of ridicule and disgrace in the society. Specific allegations have been made against the petitioners regarding their willful and calculated complicity with Balbir Singh Pal.

5. To substantiate the allegations, the complainant himself appeared as C.W. 1 and corroborated the allegations and also produced C.W. 2 and C.W. 3. Relying upon their statements and after going through the documents on record including the contents of the news item (Exhibit P1), and on prima facie satisfaction, the learned JMIC vide his order dated 30-3-2000 (Annexure P8) summoned the petitioners to face trial.

6. It may be mentioned here that when this petition came up for motion hearing on 18-12-2001, the petitioners personal appearance before the trial Court was exempted on the condition that they shall appear through an authorised counsel. It is informed by the learned counsel for the parties that during the interregnum the proceedings have continued and the case is now fixed for 14-11-2005 for complainants evidence.

7. In response to the notice of motion, respondent No. 2 the complainant has filed his reply, reiterating that the news item was published in haste; the facts were not got verified and immense loss has been caused to him in terms of his public image, social status and reputation, especially when the news item has branded him as a corrupt person.

8. In support of the prayer made in this petition Sh. Ghai, learned senior counsel assisted by Sh, Sumeet Goel, learned counsel for the petitioners vehemently contened that there is no allegation levelled by The Hindustan Times against respondent No. 2 the complainant. The news items is based upon a press conference in which various correspondents/journalists were invited, therefore, it is a truthful and bona fide reporting of an event; that the same news has been published by five daily newspapers as can be seen from their news items (Annexure P2 Colly.); the petitioners in their capacity as Editor and Printer-Publisher of the news item have absolutely no role to play in relation to the epi