Charges under-Complaint Case--No pritma facie case
against Chief Editor----Proceedings to be dropped.
Code of Criminal Procedure , 1973-- Section 204- --Com-
plaint case ... Code of Criminal procedure, 1973---- Section 204- -Cotn-
plaint case against Chief Editor--Taking cognizance of
offence by Magistrate--Requirements.
Press and Registration of Books
Sewakram Sobhani vs R.K. Karanjia, Chief Editor, Weekly ... on 1 May, 1981
Equivalent citations: 1981 AIR 1514, 1981 SCR (3) 627, AIR 1981 SUPREME ... Reddy , Baharul Islam
PETITIONER:
SEWAKRAM SOBHANI
Vs.
RESPONDENT:
R.K. KARANJIA, CHIEF EDITOR, WEEKLY BLITZ & ORS.
DATE OF JUDGMENT01/05/1981
BENCH
editor of Chandrika and
does. not mention the appellant as the Editor of
Chandrika. The appellant is merely shown as the Chief
Editor but this ... proved that the appellant as the Chief
Editor performed any functions of the Editor or was an
editor within the meaning of section
their names were printed either
as Chief Editor, Managing Editor or Resident Editor and not as 'Editor' and there
cannot be any criminal ... tenable. There is no statutory
immunity against Managing Editor, Resident Editor or Chief Editor against any
prosecution for the alleged publication of any matter
similar presumption cannot be
drawn against the Chief Editor, Resident Editor or Managing
Editor, nevertheless, the complainant can still allege and prove
that they ... instant case there is no averment against the Chief
Editor except the motive attributed to him. Even the motive
alleged is general and vague
following three persons:
(i) Shobhna Bhartiya .... Managing Director
(ii) Vir Sanghvi .... Chief Editor
(iii) Aruna P. Sharma .... Correspondent
10. Pertaining to news item published ... Narendra Mohan .... Chairman and Managing Director (Since died)
(ii) Sanjay Gupta .... Chief Editor
(iii) Naveen Gautam .... Reporter
12. Vide order dated 1.2.2002, accused
name of the Editor is specifically mentioned, such editor/resident editor is the person solely responsible and not the Managing Editor. In support of these ... effect;
(c) there is no statutory immunity for the Managing Editor, Resident Editor or Chief Editor against any prosecution for the alleged publication
petitioner has been stated to be that as the Chief Editor. The other name, which is mentioned in the Imprint Line as per the Mandatory ... that he was performing the functions of an Editor being the Editor-in-chief of the newspaper, he was liable for publication of defamatory news
ERNAKULAM
Crl.MC.No. 4159 of 2003()
1. V.S. ACHUTHANANDAN, CHIEF EDITOR,
... Petitioner
Vs
1. G. KAMALAMMA, D/O. GOWRIKUTTY AMMA,
... Respondent
2. STATE ... first accused
Editor.............. At the top of the relevant page of
the daily is given the names of Associate Editor,
Managing , Editor, Chief Editor
points : (i) Annexure Al complaint is not maintainable against the Chief Editor and, therefore, the Court below acted without jurisdiction in taking cognizance ... open. It is further submitted that the 1st petitioner, namely, the Chief Editor, is in no way responsible for the selection of the materials
