Judgment

Nanavati, J.-Respondent No. 1-Manoharrao Ganpatrao Kapsikar filed a complaint in the court of CJM, Nanded, alleging that by publishing a news item in its newspaper “Daily Loknath”, on 4.2.84, Mr. J.L. Darda, who was then the Chief Editor of that Daily, Mr. Rajinder Darda, who was the Editor of the Daily, Mr. Madhukar, who was the Executive Editor of the Daily, Mr. Deshmukh, who was connected with publication of the Daily and M/s. Darda Printo Crafts Pvt. Ltd., who were owners and proprietors of the Daily, have committed offences punishable under Sections 499, 500, 501 and 502 read with Section 34 IPC. The complaint was filed on 2.2.87.

2. Learned CJM issued process against all the five accused. This order passed by the learned CJM was challenged by the five accused before the learned Additional Sessions Judge, Nanded. The learned Judge quashed that order as he was of the opinion that by publishing that news item none of the accused had committed any offence. That order was challenged by the complainant by filing a petition in the High Court under Section 482 Cr.P.C. The High Court was of the opinion that the learned Additional Sessions Judge misinterpreted the publication.