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| HC quashes proceedings against Editor Frontline | | | EARLY TIMES REPORT
JAMMU, Oct 20: Justice Sunil Hali of J&K High Court Jammu wing quashed the proceedings initiated by the Court of Chief Judicial Magistrate Srinagar on a complaint under section 153 RPC (hurting the religious sentiments).
Justice Hali, after hearing Adv DS Thakur appearing for the petitioner and Adv Rahil Raja appearing for the respondents and perusing the record of the case, observed that it is not in dispute that newspaper "The Hindu" published the material which had not only annoyed the Muslim community but created wide spread riots in the Kashmir valley. The petitioner's grievance is that his name has unnecessarily been dragged as neither he is the Editor-in-Chief nor Executive Director of said newspaper. As a matter of fact, it was incumbent upon the complainant to place on record a copy of newspaper indicating the names of the persons who were involved in printing of this publication. Without placing on record copy of the newspaper, the Magistrate could not have proceeded in the matter. The petitioner has placed on record a copy of the said newspaper in which N Ravi is shown to be the Editor-In-Chief and Malini Parthasarti is shown to be the executive director. The Magistrate has taken cognizance of only the demonstration being held by the students in Kashmir valley as reported in the local newspapers. A copy of the newspaper "The Hindu" placed on the file of this court reveals that the petitioner is neither the Editor-In-Chief nor Executive Director of the said newspaper, so on the face of this position, no process could be issued against the petitioner as he is not involved in any publication. It is also important to mention that by reading thoroughly the complaint no offence is made out against the petitioner. With these observations Court set-aside the process issued by the Trial Court against the petitioner and ordered that proceedings pending before the Trial Court against the petitioner shall stand quashed. JNF |
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