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1995 Supreme(Online)(Gau) 1

GAUHATI HIGH COURT
M. Sharma, J.
Homen Borgohain and Others v. Brahmaputra Valley Regional Handloom Weavers' Co-Operative Society Ltd.


Advocates:
For the Appellants/Petitioners: D.K. Bhattacharjee
For the Respondents: J.M. Choudhury

1. This revision petition has been filed by the petitioners for quashing the complaint case No. 983/93 pending in the Court of Judicial Magistrate, Guwahati and the entire proceeding therein and also the order dated 1-6-1994 passed by the said Magistrate explaining the offence u/S 500/501/502 read with S.34, I.P.C.

2. Plea against the maintainability of the complaint in the above mentioned complaint case has been raised to the effect that the person aimed against in the impugned news item is not the Brahmaputra valley Regional Handloom Weavers' Co - operative Society Ltd., but the Managing Director Mr. Jagannath Sarma, and that as the Managing Director Mr. Sarma did not file the complaint as the person aggrieved, the defamation case file at the instance of the Co - operative Society is not maintainable.

3. The five petitioners, namely, petitioner No. 1 Homen Borgohain is the Editor of Asom Bani, and Assamese Weekly, petitioners Nos. 2, 3 and 4 P. G. Baruah, Binu Baruah and Surajit govinda Baruah are the partners of M/s. Asom Bani and petitioner No. 5 Hari Chandra Bora is the Printer and Publisher of Asom Bani.

4. Complainant opposite party, namely. The Brahmaputra Valley Regional Han

























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