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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
BRIJ RAJ SINGH
Jyoti Kamal – Appellant
Versus
State Of U.P. Thru. Prin. Secy. Home. – Respondent
JUDGMENT :
BRIJ RAJ SINGH, J.
1.Heard Shri Nadeem Murtaza, learned counsel for the applicants, Sri Rao Narendra Singh, learned AGA-I for the State and Shri Ishan Baghel, learned counsel for opposite party no.2.
2. The present application under Section 482 of Code of Criminal Procedure, 1973 has been filed seeking quashing of impugned summoning order dated 12.12.2018 passed by Additional Chief Judicial Magistrate, Court No. 32, Lucknow (in short “Magistrate”) in Complaint Case No. 1297 along with entire criminal proceedings arising out thereof.
3. It is the case of the applicants that the Applicant Nos. 1 to 3 were working as Executive Editor, Crime Reporter and Assistant News Editor, respectively, in the News18 Channel. It has been submitted that the Applicant No. 1 was not involved in airing the news in the Channel on 20.09.2017. Also, both the channels i.e. News18 Punjab/Haryana/Himachal Pradesh and News18 Uttar Pradesh/Uttarakhand are owned and operated by TV18 Broadcast Limited.
4. It has been stated that the allegations in the complaint dated 28.05.2018 are that the Opposite Party No.2/Complainant is an IPS officer of the UP Police and was then working as IG, STF, Uttar Pradesh and
The court cannot quash proceedings under Section 482 CrPC based on allegations of defamation without the trial, as it does not determine the merits or conduct a mini-trial.
Presumption would be that the person whose name is printed as Editor or Resident Editor is responsible for publication of news item and the Chairman or Managing Editor would not be responsible for th....
Court must prevent unjust legal proceedings; defamation requires intention to harm, not met as the news article was factual.
The trial Court must conduct a sufficient inquiry under Section 202 before summoning an accused for defamation, ensuring no abuse of process occurs.
(1) If a prima facie case is made out disclosing ingredients of offence alleged against accused, Court cannot quash a criminal proceeding.(2) Cognizance of offence – Magistrate can ignore conclusion ....
Practice and Procedure - Sexual harassment at work place -There is no provision in Cr.P.C. to amend criminal complaint, but amendment can be allowed if amendment is sought before taking cognizance pe....
The main legal point established in the judgment is that the court may not interfere if the investigation is complete and a challan has been presented in court, and that the petitioner may have a rem....
The power under Section 319 of Cr.P.C. is discretionary and extraordinary, to be exercised sparingly and with caution, and requires strong and cogent evidence against the person being summoned.
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