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1959 Supreme(All) 221

R.A.MISRA
RAMESH SINHA AND ANR. – Appellant
Versus
PUBLIC PROSECUTOR, LUCKNOW – Respondent


Advocates Appeared:
Brij Mohan Nath Kocher

R. A. MISRA, J.

( 1 ) THE two applicants in this revision petition are Sri Ramesh Sinha, the Chief Editor, Printer and publisher, and Sri Kali Shankar Shulela, Editor of the Weekly called Jan Yug published from kaiserbagh, Lucknow. The petition itself has arisen under the following circumstances :

( 2 ) PURPORTING to act under Section 198-B, Cr. P. C. the opposite-party, who is the Public prosecutor, Lucknow, filed a complaint under Section 500 of the Indian Penal Code against the two applicants on 6-4-1959. Sanction to prosecute the two applicants was obtained under Section 198-B (3) (a) of the Criminal Procedure Code from Sri N. G. Kaul, Home Secretary, U. P. Government, and the complaint was filed before the Sessions Judge, Lucknow. It was alleged in the complaint that in the issue of jan Yug dated the 2nd November, 1958, there was a news item under the caption "yeh bis lakh kaise bante", which contained scandalous statements against Dr. Sampurnanand, Mukhya Mantri, U. P. and Sri Hafiz Mohammad Ibrahim, Ex-Vitt Mantri, U. P. in respect of acts done by them in their capacity as Ministers of the U. P. State. It was stated that the article appearing under the above-mentioned caption




























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