J.P.SEMWAL
VISHWA NATH – Appellant
Versus
SHAMBHU NATH PANDEYA DECEASED BY L. R – Respondent
( 1 ) THIS is an application under Section 482, Cr PC with a prayer to quash the complaint (Annexure No. I) filed by one Shambhu Nath Pandeya against the present petitioner and one Shrish Chandra under Section 500, IPC and to stay further proceedings in Criminal Case No. 58/ix, of 1981, under Section 500, IPC, pending in the Court of the IInd Addl. Munsif Magistrate, Mathura.
( 2 ) THE facts giving rise to the present proceeding are that the applicant is the editor, printer and publisher of a string of multilingual magazines. bhu-Bharti is one of such magazines which is published fortnightly in Hindi. The applicant published in the second number of November, 1980 in Bhu-Bharti an article written by Shrish Chand Mishra, who is the co-accused in the aforesaid complaint. This article is titledmathura Sati Kand-Kya Hardei Ki Hatya Ki Gai. " This article was printed on pages 13 to 18 of the said magazine in the said number. On page 13 in the end of the third column of this article the following matter was printed : paramparagat Brahman Unhen Bramhan Nahi Mante Lekin Ahiwasi Apne Apko Adigaur Brahman Aur Sauram Rishi Ke Putra Mante Hain. Hardei Bhi Brahman Adiwasi Thi. Ah
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