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1 - 10 of 11 (0.29 seconds)Section 1 in The Press And Registration Of Books Act, 1867 [Entire Act]
Section 500 in The Indian Penal Code, 1860 [Entire Act]
The Press And Registration Of Books Act, 1867
Section 34 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
K.M. Mathew vs State Of Kerala And Anr on 19 November, 1991
8. Thereafter, the petitioner moved two applications
before the ld. Trial Court. The first application was for
dropping the proceedings in terms of the then declared law
of Supreme Court in case K. K. Mathew Vs. State of
Kerala AIR 1992 SC 2206. The second application was
filed by the petitioner for exemption from personal
Crl.M.C.1862/2007 Page 4 of 13
appearance till further orders and be permitted for putting in
appearance through his counsel.
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
Prabhu Chawla And Others vs A.U. Sheriff on 26 October, 1994
17. Ld. counsel for the petitioner has relied upon the
judgment of the Karnataka High Court in the case of Prabhu
Chawla Vs A. U. Sheriff III (1995) CCR 631, wherein it
was held that, as per the definition of the „Editor‟ in Section
1(1) of the Act, means a person who controls the selection of
the matter that is published in a newspaper. There is no
Crl.M.C.1862/2007 Page 7 of 13
reference to Resident Editor, Executive Editor, Managing
Editor in the said Act. There are no allegations against the
aforesaid persons in the complaint to show that they have
any hand in selection of the matter that is published in the
„Indian Express Newspaper‟. Further held that, in absence of
positive avermetns against the petitioner Nos.1 to 3, who are
described as Executive Editor, Managing Editor and Resident
Editor and in the absence of presumption available u/s 7 of
the said Act, against them, ld.Magistrate could have not
ordered process for the alleged offence u/s 500 IPC.
Ahaji C. H. Mohammad Koya vs T. K. S. M. A. Muthukoya on 12 September, 1978
21. As was decided in the aforesaid case, Haji C. H.
Mohammad Koya(Supra) that in the absence of positive
averments against petitioner Nos.1 to 3, who are described
as Executive Editor, Managing Editor and Resident Editor and
in the absence, presumption available u/s 7 of the said Act
against them, ld. Magistrate, could not have ordered
processes for the alleged offence under Section 500 IPC. To
ask the Executive Editor, Managing Editor and Resident
Editor to undergo the trial because of issuing process against
them would be oppressive. Keeping the aforesaid discussion
into view, the proceedings was quashed against the
petitioners.