JUDGMENT :

Tribhuvan Dahiya, J.

These petitions have been filed under Section 482 of the Code of Criminal Procedure (Cr.P.C.) for quashing of criminal complaint no.177/2019, dated 30.07.2019, titled Nazar Singh Manshahia v. Bhagwant Mann and others, under Sections 500 and 120-B of IPC read with Sections 66 and 67 of the Information Technology Act, Annexure P-2, as also the order dated 14.12.2020, Annexure P-3, passed by Chief Judicial Magistrate (CJM), Mansa, whereby petitioners no.l in CRM-M-3815-2021 and CRM-M-3907-2021, namely, Rajesh Ramachandran and Dr. Swaraj Bir Singh, respectively, have been summoned to face trial for commission of offences punishable under Sections 500, 501 and 502 IPC, and petitioners no.2 in both these petitions, namely, Parvesh Sharma and Gurdeep Singh Lali (wrongly mentioned in the complaint as Gurpreet Singh Thind Lally), respectively, have been summoned under Section 500 IPC.

2. At the time of passing the impugned order, petitioner no.l in CRM-M-3815-2021, namely, Rajesh Ramachandran was working as Editor of newspaper 'The Tribune (English)', and petitioner no.2-Parvesh Sharma was working as its Principal Correspondent, posted at district Sangrur. Petitioner no.l in CRM-M-3907-2021, namely, Dr. Swaraj Bir Singh was working as Editor of newspaper 'The Punjabi Tribune', and petitioner no.2-Gurdeep Singh Lali was its stringer and contributed news from Sangrur and nearby areas. On 27.04.2019, the then convener of Aam Aadmi Party (AAP) in Punjab and Member of Parliament (MP) from Sangrur, Mr. Bhagwant Singh Mann held a press conference stating that respondent no.2/complainant, the then AAP party Member of Legislative Assembly (ML A) from Mansa, got a huge amount of money from ruling Congress party and would be appointed as Chairman of the Punjab Pollution Control Board. The news item to that effect published in the columns of 'The Tribune' on 27.04.2019 has been appended as Annexure P-1, which reads as under:

Cong offered Rs. 10 cr, plum post to our MLA, claims Bhagwant

PARVESH SHARMA

Tribune News Service

SANGRUR, APRIL 27

Punjab AAP chief and Sangrur MP Bhagwant Mann late this evening alleged that Congress leaders offered Rs 10 crore and a plum post in the Congress to their party MLA and asked their leader to resign from the AAP. Mann did not disclose the name of his MLA. He alleged that money was being offered to other ML As and leaders of their party.

"On the pretext of giving him developmental funds for his constituency, some Congress leaders today met our MLA and offered him Rs 10 crore and said our MLA Nazar Singh Manshahia has also got the same amount and Manshahia will also be appointed as chairman of the Punjab Pollution Control Board," alleged Mann, who rushed to Sangrur in late evening after cancelling his public meetings. Barnala MLA Gurmeet Singh Meet Hayer and Mehal Kalan MLA Kulwant Singh Pandori also accompanied Mann during the press conference at their Sangrur office. ...

2.1. The complainant filed a criminal complaint against nine persons, including MP Bhagwant Singh Mann, and the press reporters as well as the Editors of different newspapers, wherein the aforementioned statement of the MP was published; it included the petitioners as well, as accused no.2, 3, 6 and 7. It was alleged that the petitioners had published false allegations against the complainant, who never received the amount as alleged, only to harass, humiliate and defame him. Relevant paragraph of the criminal complaint concerning the petitioners reads as under:

2. That on 28.04.2019, accused Bhagwant Mann gave a statement and it was sent as news by accused No. 2 and published by the accused No. 3 in the Punjabi Tribune. It was further sent as news by accused No. 4 and was published in the newspaper Jag Bani by the accused No. 5. The accused No. 6 sent this news and the same was published by accused No. 7 in the News Paper as The Tribune (English) and similarly accused No. 8 sent it news item and was published in the 'Hindusta