V. R. NEWASKAR, J.

( 1 ) THIS is a petition under Section 417 (3) of the Cr. P. C. against an order of acquittal recorded by the Additional District Magistrate Mandsaur in a case started on a complaint of the petitioner under Section 500, I. P. C.

( 2 ) THE facts of the case are that a certain defamatory matter appeared in the issue of 'dwaja' of 25-5-1955 which is published from Mandsaur. That defamatory matter with reference to the petitioner's Hotel had the effect of adversely affecting his business and also of bringing him down in the eyes of the public.

( 3 ) THE defence of the opponent was that on the material date he was absent on duty having entrusted the work to a competent person who was the sub-editor.

( 4 ) THE learned court below held that on the material date the opponent had gone out to Ratlam and that the news item was not printed by the Assistant Editor Mangilal and that therefore although the matter published was defamatory the opponent could not be held criminally liable. It therefore acquitted him.

( 5 ) THE present petition is directed against the aforesaid order. It is contended by Mr. Ojha for the petitioner that the editor of a newspaper is criminally liable

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