Cr. Appeal No. 197 of 2008 23.04.2008 Present: Mr. S.K. Sood, counsel for the appellant. Mr. Anoop Rattan, counsel for the respondents. The present appeal has been filed against the order dated 27.2.2006 passed by the learned Judicial Magistrate Ist Class(3), Shimla, in a private complaint filed by the complainant, vide which he dismissed the complaint filed by the complainant against the present respondents. Heard. I have gone through the impugned order as well as the assertions made in the original news item published in newspaper dated 17.12.2004. A perusal of the news item shows that whatever has been published in the news item is on the basis of the statement made by ASP Mr. Ashif Jalal and the facts told by the said ASP. In case said ASP had made such statement, he was to be made a party to the complaint, which has not been done. No news item has been published by the journalist at his own. Therefore, the learned trial Court has rightly dismissed the compliant and the said order does not call for an interference by this Court, which is accordingly dismissed. No order as to costs. April 23, 2008 ( V.K. Ahuja ), J. (BSS)