Sanjay P. Bhokare & Anr. v. Shri Dastagir B. Khalifa & Ors.
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 34, 499, 501
- Code of Criminal Procedure, 1973 s. 482
Key paragraphs
- Para 44. The powers under section 482 of Cr.P.C. Are to be exercised in exceptional cases and with due gravity. Reading the text of newspaper item, the reporter or the petitioner as editor of the newspaper has prima facie reproduced text of F.I.R. recorded by the…
Judgment
Shri Dastagir B. Khalifa and ors. ...Respondents Mr Nilesh Wable i/b Mr U.R. Mankapure for Petitioners. Mr Vanza i/b Mr U.P. Warunjikar for Respondent No.1. Mr Vilas Jadhav i/b Mr G.M. Savagare for Respondent No.2. Mr Rajesh More, APP for State. CORAM : K.U. CHANDIWAL J. DATED : 18TH JUNE 2012. P.C. :-
Heard finally. Publication of news item in daily 'Janapravas' dated 29th February 2008 based on F.I.R. vide criminal case No.237 of 2010 for an offence punishable under sections 499, 501 and 34 of I.P.C. was felt as defamatory. Consequently, he filed complaint before the J.M.F.C., Jaisingpur and vrd 2 WP2231/10 the learned Judge on 2nd June 2010 directed issuance of process against the applicant Sanjay and hence petition under section 482 of Cr.P.C.
The learned counsel for applicant submits that the publication is replica of the text of F.I.R. against the respondents and nothing personal is added by the petitioners.
The learned counsel for respondent No.1 – original complainant submits that this news item has caused defamation as it was false reporting thereby pointing finger against the respondents, hence process need not be disturbed.
The powers under section 482 of Cr.P.C. Are to be exercised in exceptional cases and with due gravity. Reading the text of newspaper item, the reporter or the petitioner as editor of the newspaper has prima facie reproduced text of F.I.R. recorded by the reporter Mohan P. Patole against the respondents. There is no whisper or any personal vrd 3 WP2231/10 opinion advanced as to the character assassination of the respondents. The reproduction being based on bonafide document as is received from the office of investigating agency and F.I.R. Against respondents has not yet quashed, it cannot be said that the news item was written in defamation or any intention or was maligning any character. The exception carved in section 499 of I.P.C. or the text that section 499 of I.P.C. does not make out a case against the petitioners for prosecution. Issuance of process by the learned Magistrate dated 2nd June 2010 therefore calls for interference and accordingly to the extent of petitioners it is set aside. Petition is allowed in above terms. (K.U. CHANDIWAL J.)
Questions this judgment answers
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — ss. 34, 499, 501; Code of Criminal Procedure, 1973 — s. 482.
Which court decided this case, and when?
Bombay High Court, on 18 Jun 2012.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.