Patna High Court Cr.Misc. No.11845 of 2009 dt.12-07-211 1 Criminal Miscellaneous No.11845 of 2009 -------- In the matter of an application under section 482 of the Code of Criminal Procedure --------- =========================================================== 1. Haribansh son of Late Banke Bihari Singh, resident of Prabhat Khabar, Hindi Daily, Kokar Industrial Area, Police Station- Kokar, District-Ranchi 2. Om Prakash Ashk, son of Ramanand Singh, MHI Commerce, Kokar Industrial Area, Police Station- Kokar, District- Ranchi 3. Ajay Kumar son of Janardan Prasad, resident of LIG, 14-23,Ashiana Nagar, Police Station- Shastri Nagar, Town & District- Patna & 4. Nirbhay Kumar Sinha, son of Late Brij Bhushan Prasad, resident of Kokar Industrial Area, Police Station- Kokar, District- Ranchi. .... .... Petitioner/s Versus 1. The State Of Bihar & 2. Bihar Industrial Area Development Authority having its office at present at Indira Bhawan, 6th & 7th Floor, Ram Charitra Singh Path, Boring Road Town and District- Patna, through its Assistant Development Officer. .... .... Opposite Party/s =========================================================== Appearance: For the Petitioner/s : Mr. Partha Sarthy, Advocate For the Opposite Party/s: Mr. A.P.P. =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT (Per: HONOURABLE JUSTICE SMT. ANJANA PRAKASH) 1. The petitioners have sought quashing of the order dated 23.06.2007 passed in Complaint Case No.1925-M of 2007 by which the Sub-Divisional Judicial Magistrate, Patna, has taken cognizance under sections 186, 500, 501, 502,120-B/34 Indian Penal Code and section 14 of the Press and Registration of Books Act. 2. It was alleged by the complainant that during hearing of a case between the complainant and some allottees of land, this Court had recorded the specific plot numbers in its order despite which a news item was published in “Prabhat Khabar” giving an impression that general order had been passed with regard to all the plots allotted by the Bihar Industrial Area Development Authority. It was concluded that on account of this false reporting in the newspaper the Patna High Court Cr.Misc. No.11845 of 2009 dt.12-07-211 2 complainant’s prestige has been tarnished. 3. Learned counsel for the petitioners submits that the newspaper report which had appeared was certainly not false nor was it malicious and certainly not with intent to lower the prestige of the complainant. It may have lacked material particulars as also the details of the plots, in question, but that did not necessarily make it a false report. 4. On the other hand, counsel for the opposite party no.2-complainant submits that on account of this wrong reporting prestige of the complainant has been lowered as also that the report was maliciously false. 5. I have no manner of doubt that just because a newspaper’s report may be incomplete in its material particulars reporting it does not make the reporting false. Also the contents though lacking in details have never claimed to be a faithful representation of the proceeding and the order passed by the Court. On going through the contents of the newspaper report, I am of the opinion that it does not lower down anyone’s prestige and in fact it is a routine reporting of a court proceeding. 6. Therefore, the entire proceeding in the court below in Complaint Case No.1925-M of 2007 pending in the Court of Sub-Divisional Judicial Magistrate, Patna, which is an abuse of the process of the court, is set aside and the order dated 23.06.2007 passed in Complaint Case No.1925-M of 2007 by which the Sub-Divisional Judicial Magistrate, Patna, has taken cognizance under sections 186, 500, 501, 502, 120-B/34 Indian Penal Code and section 14 of the Press and Registration of Books Act is hereby quashed. 7. In the result, the application is allowed. (Anjana Prakash,J.) Patna High Court Patna Dated the 12th July, 2011 NAFR/ JA/-