Legal Document View

Unlock Advanced Research with PRISMAI

Integrated with over 4 crore judgments and laws — designed for legal practitioners, researchers, students and institutions

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 1, Cited by 0]

Himachal Pradesh High Court

CRMMO/662/2019 on 4 November, 2019

Author: Anoop Chitkara

Bench: Anoop Chitkara

Cr. MMO. No. 662 of 2019 .

04­11­2019 Present: Mr. Shivendera Singh, Advocate, Proxy counsel, for the petitioner.

Cr. M.P. No. 1980 of 2019 Application is allowed in terms of the prayer clause.

The application is disposed of.

Cr. MMO. No. 662 of 2019 I have gone through the petition and annexures attached there to. The complaint which is annexure A­1, shows that allegations against petitioner are that she alongwith first accused have published the news in Dainik Jagran Newspaper without pre­verification. Even as per the allegations in the complaint the role of the petitioner is confined to pre­verification of the news.

The order dated 25th October, 2017 passed by learned Judicial Magistrate, Ist Class, Jogindernagar simply reproduced the facts of the complaint.

Paragraph two of the petition mentions that on 21­ 08­2019 the complainant had filed an application under Section 321 of Cr.P.C. for withdrawal of prosecution against the present petitioner, who had been arraigned as accused No.2 in the complaint. Said application was filed with a prayer to withdraw the prosecution and delete her name from the array of accused. Be that as it may, even if such ::: Downloaded on - 04/11/2019 20:26:41 :::HCHP withdrawal application was not there, still prima facie the petition raises substantial questions of law. It concerns with .

freedom of press, which is one of the four pillars in any democracy. Therefore, the petition needs further hearing to get the response of the respondents.

Admit. Call for the records.

Let, post admission notices be issued to respondents returnable within four weeks, on taking steps within one week.

Cr. M.P. No. 1979 of 2019

Since the main petition is admitted, therefore, proceedings in Criminal Complaint No. 57 of 2016 pending in the Court of learned JMIC­Jogindernagar, Mandi, H.P. shall remain stayed. Application stands disposed of.

Since the trial of lower Court has been stayed, therefore, list the main matter for final hearing immediately after completion of service.

Dasti Copy.

(Anoop Chitkara) Judge 4th November, 2019 (NK) ::: Downloaded on - 04/11/2019 20:26:41 :::HCHP