IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.1676/2016 BETWEEN:
SRI H.T. ANIL S/O H.S. THIMMAPPAIAH AGED 43 YEARS REPORTER OF KANNADA PRABHA NEWSPAPER AMULYA COMPUTER/PRESS CENTER R.T. COMPLEX, TOWN HALL ROAD CHIKPET, MADIKERI.
PRESENTLY RESIDING AT JAYANAGAR MADIKERI TOWN AND POST MADIKERI TALUK KODAGU DISTRICT – 571 201.
(BY SRI VIVEK S., ADVOCATE) AND:
SRI DHANAJAYA AGED 31 YEARS S/O PARAMESH SHETTY RESIDING AT HOSAHALLI ALDUR POST CHIKMANGALURU – 577 111.
... PETITIONER ... RESPONDENT (BY SRI B. LETHIF, ADVCOATE) THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN C.C.NO.888/2014 (ARISING FROM PCR NO.440/2013) PENDING ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC, CHIKMAGALUR.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard learned counsel for petitioner and learned counsel for respondent. Perused the records.
2. The contention of learned counsel for the petitioner is that the averments made in the complaint do not disclose the involvement of the petitioner in the publication of the alleged news item. The petitioner was a part-time reporter and in the said circumstances, the order passed by the learned Magistrate issuing summons to the petitioner is bad in law.
3. In the complaint, specific averments are made to the effect that the offending publication was made by the accused persons, namely accused Nos.1 to 3. In the cause title, petitioner herein is described as a Reporter/Editor of Kannada Prabha Newspaper, which carried the alleged publication. As against the said assertion, petitioner has not produced any material by way of declaration published in the paper to show that petitioner was neither a Reporter nor a Editor of the impugned publication.
In the above circumstances, I do not find any justifiable ground to quash the proceedings. Consequently, petition is dismissed.
Sd/- JUDGE ca