IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Revision No. 235 of 2007 Ghan Shyam Gupta S/o Kailash Chand R/o 331/7 C, Ganeshpur, Roorkee P.S. Kotwali Gangnagar, Roorkee District Haridwar (Principal National Girls Inter College, Khanpur) P.S. Khanpur, District Haridwar .…………..Revisionist. Versus 1. Judicial Magistrate Roorkee, Dist.,Haridwar 2. Akhtar Malik, Office in charge Royal Bulletin Prince Lodge opposite I.I.T. Roorkee, P.S. Kotwali Roorkee District Haridwar 3. Anil Royal, S/o Raghuvir Singh Editor Royal Bulletin 174 Gandhi Colony (North) P.S. Civil Lines, Muzaffarnagar (U.P.) …………Respondents Shri Ajay Veer Pundir, Advocate present for the revisionist. Shri Moh. Azim, Advocate, holding brief of Shri Sandeep Tandon, counsel for the respondent no. 2. Hon’ble Prafulla C. Pant, J. Heard. 2. This revision is directed against order dated 23.10.2007, passed by Judicial 2 Magistrate, Roorkee, in criminal complaint no. 2719 of 2007, Ghan Shyam vs. Akhtar Malik & others, relating to offences punishable under section 500, 501, 502 I.P.C, Police Station Kotwali, Gangnagar, whereby said court has dismissed the criminal complaint, under section 203 of Cr.P.C. 3. Learned counsel for the revisionist drew attention of this Court to Annexure-2 to the affidavit filed with the revision and argued that the news item published in ‘Royal Bulletin’ is defamatory in nature, and the trial court has erred in law in dismissing the complaint. 4. Learned counsel for the respondent no. 2 submitted that name of the revisionist (complainant) is nowhere mentioned in the news item published in paper Royal Bulletin. It is further submitted that publication of true fact does not constitute the offence ‘defamation’. It is contended that it is admitted to the complainant (revisionist) that he is a press reporter, and also Principal of National Girls Inter College, Khanpur. In 3 substance, the news item contained same fact i.e. the Principal of the Girls College is more interested in making the press releases and in giving news items. 5. On perusal of the impugned order dated 23.10.2007, passed by the Judicial Magistrate, Roorkee, in criminal complaint case no. 2719 of 2007, Ghan Shyam vs. Akhtar Malik & others, this Court finds that said court has taken note of the above facts and dismissed the complaint under section 203 Cr.P.C. In the opinion of this Court the order passed by the Magistrate, does not suffer from any illegality. 6. Therefore, the revision is dismissed summarily. (Prafulla C. Pant, J.) Dt:20.05.2010 parul 4