Purusottam Singh Thakur vs State of Orissa and Another

P.K. Tripathy, J.—Heard.

In this application u/s 482, Cr.P.C. petitioner prays to quash the order of cognizance in I.C.C. No. 26 of 1999 of the Court of J.M.F.C. Khariar.

It appears from the order dated 18.12.1999 that in the said complaint after conducting an enquiry u/s 202, Cr.P.C. learned J.M.F.C. took cognizance of the offences Under Sections 500/501, I.P.C. and issued process against the petitioner. Annexure-3 is the relevant publication wherein the petitioner has highlighted regarding the land reforms being over shadowed by the Gountias and influential persons in the helm of affairs so also the non-governmental organisations. In that connection. in one of the column name of the petitioner has been used as a Gountia as well as the executive of a non-governmental organisation. Therefore, opposite party No. 2/complainant thought that by such publication he has been defamed and accordingly filed the complaint.

Learned counsel for the petitioner Mr. Dhal argues that petitioner had least desire to defame any individual much less the opposite party No. 2/complainant and the said article was published as a constructive criticism against what is happening relating to the land reforms. Accordingly. he states that a prima facie case for the offences either u/s 500 or 501. I.P.C. is not made out. During the course of hearing on being asked learned counsel for the petitioner also states that petitioner is willing to publish in his periodical i.e. "JANAMADHYAMA" a message notifying that he has no disrespect for the complainant and in the impugned published item he had no desire or intention to defame the complainant in any manner.

Learned counsel appearing for the opposite party No. 2/complainant. on the other hand, argues that the contents in the said publication substantially makes out a prima facie case for the offence Under Sections 500/501, I.P.C. and, therefore, the order of cognizance need not be interfered with by this Court.

After perusal of the news item and reading the provision in Sections 499, 500 and 501, I.P.C. this Court finds that the said article, is perhaps with a view to make a constructive criticism of the prevailing system relating to the land reforms. When the petitioner undertakes to get the matter clarified by publishing a news item/message in the above noted manner, therefore, it is directed that if the petitioner shall publish such a news item with due clarification in his periodical within one month hence and shall file a copy of that in the Court of J.M.F.C., Khariar within 45 days from today after serving a copy on the complainant personally or through his counsel then learned J.M.F.C. shall do well to recall the order of cognizance. There shall not be extension of time in that respect. If such steps shall not to be taken and timely complied by the petitioner then the complaint shall proceed in accordance with law.

The crl. misc. case is disposed of accordingly.