Sikkim Court December 1991 Judgments

A.K. JaIn and anr. Vs. State of Sikkim and anr.

Court: Sikkim

Reported in: 1992CriLJ843

ORDERR. Dayal, J.1. This application has been moved under Sections 561-A and 439 of the Code of Criminal Procedure, 1898, which Code is still in force in the State of Sikkim, for quashing the Order dated 9-8-1991 summoning the applicants to face a criminal charge under Sections 500, 501 and 502 of the Indian Penal Code, passed by the learned Judicial Magistrate (East and North) Sikkim in Criminal Misc. Case No. 26 of 1991, registered on the complaint petition by respondent No. 2.2. Messers Bennett Coleman and Company Ltd., is carrying on the business of printing and publishing various newspapers, magazines, peridicals and weeklies from various parts of the country and one of the dailies published by this Company is Nav Bharat Times. Applicant No. 1, Shri A. K. Jain, is the Chairman and Applicant No. 2, Shri Samir Jain, is the Managing Director of the Company. The criminal proceedings arose from a news item published by the Nav Bharat Times on 11-12-90 with the heading 'Dalmia Samooh ki...