Alok Nath Bhadra Vs. Alok Dutta Das and Anr.
AlokNathBhadra v. AlokDutta Das and Anr.
The High Court of Calcutta
90CWN103
Media Involved:Weekly Periodical/ Printing Press
Decided on: 21.06.1985
J.N. Chaudhuri, J.
1. On complaints made by different complainants process under Sec. 500 of the Indian Penal code have been issued by the learned Judicial Magistrate (Howrah) against M/s. Dipali Press of which the present petitioner is a partner and another accused by the name of Sri Hiren Bose. The said Hiren Bose has not challenged these proceedings and accordingly service on him in all those Rules was dispensed with by an order of this Court dated 21st July, 1984.
2. The only allegation in these petitions of complaint against Dipali Press regarding the alleged defamatory matters is that Dipali press "is the relevant Press where it has been printed". The allegation against the said Hiren Bose is that he is the Editor of a Bengali Weekly paper known as "Darpan" in which the said alleged defamatory matters appear.
3. It has been urged by Mr. Raha, learned Advocate for the petitioner that the processes issued against the accused Dipali Press of which, admittedly, the present petitioner is a partner, are unsustainable in law. He has submitted that in conformity with Sections 3 and 5 of the Press & Registration of Books Act, 1867(Act XXXV of 1967), the name of Hiren Bose has been clearly stated in the "Darpan" as being the Editor and Printer. In each issue of "Darpan" the name of the Editor, Printer and Publisher is printed as follows: -
Editor - Hiren Bose.
Printed from Dipali Press, 123/1, AcharyaPrafulla Chandra Road, Calcutta - 6, by the Editor and Published by DarpanKaryalaya, 61, Molt Lane, Calcutta - 13.
No process has been issued against DarpanKarlaya.
4. Mr. Raha has further submitted that the petitioner although a partner of Dipali press is not responsible for the day-to-day running of the press and that these proceedings against Dipali press is nothing but an abuse of the process of law and the same should be quashed.
5. The fact that the name of Hiren Bose appears in the "Darpan" as being printed form Dipali Press by him as the Editor is not disputed by the learned Advocates appearing on behalf of the opposite party No. 1 in these Rules. Neither is it disputed that the only allegation regarding the alleged defamatory matters in the "Darpan" regarding Dipali press is that it "is the relevant press where it has been printed".
6. All the complaints on which the processes under Section 500 I.P. C. were issued were for alleged offences under Sec. 500 I.P. C. There has not been any allegation in these complaints of any offence under sec. 501 I.P. C. And no process in any of these cases has been issued under sec. 501 I.P. C. The summons in all these cases in respect of the accused Dipali press has been served upon the present petitioner. A person becomes liable for defamation under Sec. 500 I.P. C. If that person "knowing or having reason to believe that such imputation will harm the reputation (Sec. 499 I.P.C.) . . . ." of any person, makes or publishes such imputation, in these present cases it is quite clear form what has been set out above that the "Darpan" was printed from Dipali press by the Editor, Hiren Bose. There is, admittedly, no averment that either Dipali press or the present petitioner as the partner thereof, knowing or having reason to believe that the alleged imputation would harm the reputation of the respective complainants, printed the said alleged defamatory matters. As has already been stated the only averment against Dipali press is that it "is the relevant Press where it has been printed".
7. In the facts and circumstances, as set out above no process should have been issued against the accused Dipali press and no summons should have been issued in respect of the said Dipali Press upon the present petitioner, and the proceedings in all these cases against Dipali press and the present petitioner have to be quashed.
8. In the result all the applications for quashing by the present petitioner succeed. All proceedings against the accused Dipali press and the present petitioner in Case No. 157C of 1982, 159C/82, 158C/82, 156C/82, 155C/82, 512C/1979 and 256C/82 (corresponding to the present revision cases serially) are hereby quashed. The proceedings will, however, continue as expeditiously as possible, in respect of the accused Hiren Bose in accordance with law, subject to any orders which may have been or may be made with regard to the said proceeding against the said accused Hiren Bose.
All these Rules are made absolute.
Let the records be sent down forthwith.
It is made clear that I have not gone into the merits of the case relating to the accused Hiren Bose, in disposing of these applications.