IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 560 of 2008 (under Section 482 Cr.P.C.) Rizwan Ahsan and others. ……….Applicants. Versus Usha Rani. ....…. Respondent. Present : Mr. G.C. Lakhchaura Advocate for the applicants. Mr. B.C. Joshi, Advocate holding brief of Mr. D.K. Sharma, Advocate for the respondent. Hon’ble Servesh Kumar Gupta, J. 1. By means of this petition moved under Section 482 Cr.P.C., a prayer has been made to quash the order of cognizance dated 17.04.2008 passed by Additional Chief Judicial Magistrate, Kashipur in criminal complaint case no. 4986 of 2007 titled as Usha Rani Vs. Rizwan Ahsan and others asking all the three applicants to stand trial for the offence under Section 500 IPC. 2. Having heard learned counsel for the parties, it transpires that applicants Rizwan Ahsan is a franchise holder of Sudarshan TV and rest of the two applicants namely Jarnail Singh and Balvindar Kaur are his associates. Usha Rani is a political person and at the time of lodging of complaint she was a member of Zila Panchayat, Udham Singh Nagar. It is alleged that on the occasion of Baisakhi festival, she approached Rizwan Ahsan for adverting a slide on her behalf congratulating the general public at large on Baisakhi festival. That strip of congratulation was displayed by Sudarshan TV, as per directions of Usha Rani. After performance of the task asked by Usha Rani, Rizwan Ahsan sent his associates Jarnail Singh and Balvindar Kaur on 27.04.2007 at about 10.30 – 11.00 2 a.m. to the residence of Usha Rani asking her to pay Rs. 2,000/- for the advertisement. Usha Rani was annoyed when asked for making payment. It is alleged that she assaulted Jarnail Singh and Balvindar Kaur on that day and pushed them out from her house by hurling filthy abuses to them. So First Information Report was lodged by Rizwan Ahsan on the same day at about 05.00 p.m. in the concerning Police Station. The matter investigated and charge sheet was submitted against Usha Rani, which resulted into her conviction by Additional Chief Judicial Magistrate, Kashipur on 21.01.2010 with a sentence of three months’ rigorous imprisonment and fine of Rs. 500/-. That sentence has now been set aside by Additional Sessions Judge, Udham Singh Nagar on 20.08.2010 in criminal appeal no. 27 of 2009. 3. When First Information Report was lodged for the delinquent act done by Usha Rani on 27.04.2007, it was published by Dainik Jagran (daily newspaper having wide circulation) on 29.04.2007. Usha Rani did not complained of that publication soon after or even for almost six months but when she noticed that charge sheet has been submitted against her on the basis of First Information Report lodged by Rizwan Ahsan and received summons from the court, after cognizance order, then she filed the impugned complaint on 17.10.2007 against all the applicants making allegations under Section 500 IPC for publication of First Information Report in the daily newspaper Dainik Jagran. She got herself examined under section 200 Cr.P.C. on 03.11.2007 and her two witnesses Dharampal and Lal Singh were examined under Section 202 Cr.P.C. on 17.04.2008. The Magistrate, after going through the statement of complainant and her two witnesses, passed the impugned order of cognizance on dated 17.04.2008. 3 4. Having gone through the contents of complaint and statements of witnesses in support thereto, this Court is of the view that complaint is the outcome of sheer wreaking vengeance against the applicants by Usha Rani. No offence at all is made out against the applicants under Section 500 IPC, even if, the contents of complaint are taken to be true at their face value because the First Information Report was lodged at the Police Station on 27.04.2007 and it was usual for daily newspaper Dainik Jagran to publish the same on 29.04.2007 because Usha Rani was a political person (member of Zila Panchayat, Udham Singh Nagar) enjoying a personality of acquaintance in the district. Fortiori, publication in Dainik Jagran, was not the task of applicants but it was the collection of news by correspondent of that newspaper from Police Station. So this petition has force and deserves to be allowed. The petition is, accordingly, allowed. Impugned order of cognizance dated 17.04.2008 and complaint case no. 4986 of 2007 titled as Usha Rani Vs. Rizwan Ahsan and others pending in the court of Additional Chief Judicial Magistrate, Kashipur, Udham Singh Nagar are hereby quashed. (Servesh Kumar Gupta, J.) 15.12.2011 SKS