1 hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO. 5785 OF 2009 Saeed Ahmed ... Applicant Versus State of Maharashtra and Ors. ... Respondents Ms. Sana Yusuf Baugwala i/by Mr. Rohit Pawaskar, Advocate for the applicant. Mr. S.A. Shaikh, A.P.P. for State. Mr. S.K. Dubey for respondent no. 2. CORAM : K.U. CHANDIWAL,J. DATED : SEPTEMBER 15, 2011 P.C. Heard. A news item appeared on 6.5.2009 in the Urdu newspaper "Urdu Times" under the title of "Ghar ko Aag Lag Gai, Ghar ke chirag se". The complainant felt that it was in derogation and caused defamation to him and consequently had moved Criminal Case No. 2339 of 2009 before the learned J.M.F.C. Bhiwandi. The learned Judge issued process. The same is questioned in the present proceedings. The translation of the news item is placed at page 18. The learned 2 counsel for the complainant does not dispute the text of free English translation. The news reading from any corner does not give indication to defame the complainant. The pamphlet which was distributed in the area of Bhiwandi region in Devnagari script, was published not only in this news paper but also two other Urdu newspapers in the area. In the news item names of persons were incorporated who has secured funds from the party to carry party work but did not discharge their obligation, one of them is Kalim Khan. The complainant feels that Kalim Khan refers to him. The name of complainant is Kaleem Ahmed Ashfaque Khan. Reading the news item as a whole and exceptions as provided under section 499 read with 500 I.P.C., I do not see that the prosecution against the applicant herein as reporter or editor of the newspaper is maintainable. The intension was not to impute but was made in good faith by the person for protection of the interest of the society at large. It was simply referring to a pamphlet circulated in area. The prosecution initiated by the complainant vide Criminal case no. 2339 of 2009 is quashed and set aside. (K.U. CHANDIWAL,J.)