IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Urgency Application No.2045 of 2011 In Criminal Misc. Application (C482) No.360 of 2011 1. Sanjeev Krishna Tripathi S/o Vijay Krishna Tripathi Presently posted as Unit Incharge “Aaj Press”, Parsa Kheda, Industrial Area, G.T. Road, Bareilly, District Bareilly 2. Shardul Vikram Gupta S/o Late Satendra Kumar Gupta Editor & Director of “Aaj Press”, Head Office at Lanka, Varanasi, District Varanasi … Petitioners Vs. 1. State of Uttarakhand 2. Girish Chandra Sharma Manager of P.G.S. Inter College Jyoli, R/o Johery Market, Almora, District Almora …Respondents Sri Ramji Srivastava, Advocate, present for the petitioners Smt. Mamta Bisht, AGA, present for the State Dated: May 26, 2011 Hon’ble Prafulla C. Pant, J. Heard. By means of this petition, moved u/s 482 of Cr.P.C., the petitioners have sought quashing of the proceedings of Criminal Complaint Case No.203/2010, Girish Chandra Sharma vs. Bhuvan Chandra Lohani and others, relating to offence 2 punishable u/s 500 of IPC, pending in the court of Chief Judicial Magistrate, Almora. Notices were issued to the respondent no.2. However, no one has turned up. Petitioners Sanjeev Kumar Tripathi and Shardul Vikram Gupta are the journalists associated with newspaper “AAJ”. Attention of this Court is drawn to copy of news item on the basis of which it is alleged by the complainant that defamation was committed by the petitioners. In said news item (Annexure-7 to the petition) no one is named. However, it is alleged that due to the corruption and irregularities committed by the College, it could not be provincialised. Complainant Girish Chandra Sharma (respondent no.2) is the Manager of the College. It is also mentioned in the news item that the allegations are that the chastity of the girls’ students was spoiled in the college. Learned counsel for the petitioners submitted that petitioner no.2 Shardul Vikram Gupta is the Chief Editor of the paper at Varanasi. The newspaper in which the news item is said to have been published is a Bareilly edition and the petitioner no.2 had no knowledge about the news item, as such he cannot be held criminally liable for the news item. With regard to petitioner no.1, it is pleaded that he is innocent and whatever news item is published is based on the memorandum made to the Governor by the public. Having heard learned counsel for the petitioners and after going through the news item and the 3 allegations made in the criminal complaint, this Court is of the view that there was no sufficient reason to summon the petitioner no.2 Shardul Vikram Gupta holding him criminally liable, for what has been published in Bareilly edition of the paper. However, as to the complicity of the petitioner no.1, this Court is of the view that he should plead his innocence before the trial court. This Court, in its jurisdiction, u/s 482 of Cr.P.C. is not inclined to examine the question of fact. Therefore, the petition u/s 482 of Cr.P.C. is partly allowed. Proceedings of Criminal Complaint Case No.203/2010, Girish Chandra Sharma vs. Bhuvan Chandra Lohani and others, relating to offence punishable u/s 500 of IPC, pending in the court of Chief Judicial Magistrate, Almora, are quashed, so far as the same relates to petitioner no.2 Shardul Vikram Gupta. However, the proceedings as against the petitioner no.1 Sanjeev Krishna Tripathi are not interfered with. (Urgency Application No.2045 of 2011 stands disposed of). (P.C. Pant,J.) 26.5.2011 Rajni