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1991 Supreme(Sikk) 4

RIPUSUDAN DAYAL
A. K. JAIN – Appellant
Versus
STATE OF SIKKIM – Respondent


Advocates Appeared:
N.NATRAJAN, N.P.SHARMA, S.P.WANGDI, T.B.THAPA

R. DAYAL, J.

( 1 ) THIS application has beenmoved under Sections 561-A and 439 of the Code of Criminal Procedure, 1898, which Code is still in force in the State of Sikkim, for quashing the Order dated 9-8-1991 summoning the applicants to face a criminal charge under Sections 500, 501 and 502 of the Indian Penal Code, passed by the learned Judicial Magistrate (East and North) Sikkim in Criminal Mise. Case No. 26 of 1991, registered on the complaint petition by respondent No. 2.

( 2 ) MESSERS Bennett Coleman and Company Ltd. , is carrying on the business of printing and publishing various newspapers, magazines, peridicals and weeklies from various parts of the country and one of the dailies published by this Company is Nay Bharat Times. Applicant No. 1, Shri A. K. Jain, is the Chairman and Applicant No. 2, Shri Samir Jain, is the Managing Director of the Company. The criminal proceedings arose from a news item published by the Nay Bharat Times on 11-12-90 with the heading "daimia Samooh ki kar chori pakari gayi", which purported to expose the laundering of black money into white giving details about the searches made by the Income Tax Department at the houses and offices numbering ab

























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