1. This petition under Section 482 of Cr. P.C. has been preferred being aggrieved by the order dated 15.10.2018 passed by Second Additional Sessions Judge, Hoshangabad to the Court of First Additional Sessions Judge, Hoshangabad, in Criminal Revision No. 31/2018, arising out of order dated 12.06.2017, passed by JMFC, Hoshangabad in unregistered complaint case under Section 200 of Cr. P.C. with regard to dismissal of the complaint under Section 500 of I.P.C. filed by the respondent against the applicant, has been set aside.
2. It is submitted that the aforesaid order of the learned Sessions Judge contrary to law. The learned JMFC concerned has considered all the aspects of the case and arrived at a conclusion that the publication of news in the newspaper is the part of Article 19 of the Constitution of India with regard to freedom of expression and if any news is published in the public welfare, the same will not come in the purview of defamation and learned Sessions Judge has wrongly set-aside the aforesaid order considering that the freedom of expression is under some restrictions prescribed under Article 19 of the Constitution of India. The news was not published with an intention to defame the respondent, but the same was published with regard to complaint made by Harvansh Kaur against the respondent. Hence, the publication was with regard to true facts which does not come in the purview of defamation. Hence, the impugned order be set-aside.
3. Learned counsel appearing on behalf of the respondent submitted that learned trial Court has taken cognizance of the offence and the applicant is appearing before the Court and the publication in the newspaper with regard to Advocates is, prima-facie, defamatory news and has been published with the heading that "This content is in vernacular language. Kindly email us at info@legitquest.com for this content." Having seen the aforesaid heading, it is found that the object of publishing the aforesaid news is to defame the concerned Advocate before adjudication of the matter by the Competent Authority, publication of news in such manner cannot be to be bonafide in exercising of the right of freedom of expression of the press. Freedom of expression and right of Press in public newspaper is subject to provision of Section 500 of I.P.C. The publisher of the newspaper cannot claim that he is above the law. Therefore, learned Sessions Judge has not committed any error in deciding the objection with regard to the rejection of complaint under Section 200 of Cr. P.C. Hence, this petition has no merit.
4. Having heard the contentions of learned counsel for the parties and on perusal of the record, prima-facie, the news published in the newspaper appears to be defamatory, which is punishable under Section 500 of I.P.C, subject to exceptions which has to be proved by the applicant during the trial If he establishes any exception then the learned trial Court will acquit him of the aforesaid charge, but it cannot be considered at this stage.
5. In view of this Court, it is not a fit case to invoke power under Section 482 of Cr. P.C., which can be exercised sparingly to prevent the misuse of the process of the court or to ensure the justice.
6. Accordingly, this petition is dismissed being devoid of merit.
