Chandan Mitra and Others vs State of U.P. and Others

S.S. Kulshrestha, J.—All the three applications purporting to be u/s 482 of the Code of Criminal Procedure (the Code) have been brought by Sri Chandan Mitra, the Editor of the Pioneer C.M.Y.K. Printech Ltd. along with Sri Jitendra Verma and Sri Deepak Mukherji, who are associated with the said newspaper in either capacity. In these applications common questions of law and facts are involved and so they are taken together for disposal.

Criminal Misc. Application No. 7930 of 2003, relates to the quashing of the proceedings of Complaint Case No. 3199 of 2002, Satish Chandan v. Jitendra Verma Complaint Case No. 3199 of 2002. u/s 500, I.P.C., Criminal Misc. Application No. 7931 of 2003 to the quashing of the proceedings of Complaint Case No. 3200 of 2002, Dr. Krishna v. Jitendra Verma Complaint Case No. 3200 of 2002, u/s 500, I.P.C. and Criminal Misc. Application No. 7932 of 2003 to the quashing of the proceedings of Complaint Case No. 3198 of 2002, Dr. Uma v. Jitendra Verma Complaint Case No. 3198 of 2002, u/s 500, I.P.C. It has been averred that applicant No. 1 is the Editor of the daily newspaper ''The Pioneer'' published by C.M.Y.K. Printech Ltd., the applicant No. 2 is the Reporter/Author of the alleged defamatory news article and the applicant No. 3 is the Publisher of the said newspaper. They are professionals and highly skilled persons and associated with the newspaper industry, which is known for its integrity and long standing. Smt. Pragya Prabhati Mishra, the O. P. No. 1 who at her own gave the statement which was published in the Sunday Pioneer (English) edition on 2.12.2001. Her husband was also present when her statement was recorded. He has also been arraigned as O. P. No. 2. At the behest of such statement made by Smt. Pragya Prabhati Mishra that news article was published with the title "Original Sin". That article is the exact reproduction of the statement and the allegations made by O. P. No. 1 regarding the agony she suffered in her life, wherein she was posed to grow up on incest with full support of her family which was part of known religious cult known as "Sahaj Margi", which according to her is part of "Shri Ram Chandra Mission". The said news item made the disclosure of the events which happened in the life of Smt. Pragya Prabhati Mishra due to her being part of the said cult. It has further been mentioned that even a bare perusal of the news item would not exhibit anything defamatory qua the O. P. No. 2. In the above backdrop separate complaints, u/s 500, I.P.C. were brought in the court of learned Additional Chief Judicial Magistrate-II, Saharanpur, wherein all the three applicants were made accused. In all these complaints it has also been alleged that the persons arraigned as the accused had the reason to believe that the news article dated 2.12.2001, published in the newspaper would be defamatory and impute the reputation of the complainant and the Mission and so they are responsible for the loss of reputation of the complainant and the Mission. That article is said to be false, baseless and scandalous. To the contrary "Shri Ram Chandra Mission" is totally a spiritual institution involved in search of truth through meditation and Sahaj Marg. The accused have conspired against the pious institution by making such defamatory publication. The persons who were associated with the said institution have started changing their views in respect of said Mission as well as of the complainant and they have also started saying that the complainants were associated with the institution which is involved in immoral and anti-social activities. The trial court after taking into consideration the allegations made in the complaints and also the statements of the witnesses recorded under Sections 200 and 202 of the Code found a prima facie case u/s 500, I.P.C. and took the cognizance. Simultaneously summons were also issued against the accused applicants.

At this stage these proceedings have been challenged on the ground that the complainant would not come within the category of ''person aggrieved'' by the offence and so all these complaints are barred by Section 199 of the Code. This section is mandatory in nature and the bringing of complaint by third persons would not be maintainable. Inasmuch no personal allegations were made by the accused applicants against the complainants. Such defamation if construed to be in respect of any association or collection of persons, an individual cannot maintain the complaint saying that he was defamed. There was no intention on the part of the accused applicants to have hurt the reputation of the complainants. Further several such complaints in other parts of the country, the reference of which has been given in the petition, have been filed wherein the proceedings have been stayed by the respective High Courts.

From the perusal of the above three complaints, it is clear that the complainants are the members of ''Shri Ram Chandra Mission'' which is registered under the Societies Registration Act and totally a spiritual institution involved in search of truth through system of meditation and system of Sahaj Marg. The Pioneer in its English Edition on 2.12.2001, published an article under the caption "Rite or wrong? ORIGINAL SIN", which is said to be totally false, baseless, derogatory and with a view to defame the institution in a well planned conspiracy. It is further said that the news item contained highly defamatory imputations against the said institution. Some passages of the said news item, which are appearing to be defamatory, may be extracted hereinunder:

This is a story that defies all grades of imagination, of right, of wrong of possibilities and situations. It is a story of woman who has grown up on incest with the full support of her family, who has serviced an 80 years old guru at the tender age of all, who has slept with her father and brother before the very eyes of her mother and sisters. Who has borne the children of her father and then passed them off as her husband''s offsprings. This is also the story of a woman who, at 35, has risen above the opiated existence of sex, sleaze and incest only to save her daughter from the same fate that she lived through. As the bizarre case awaits its second hearing after being reopened on a year''s persistence by a hounded family, Jitendra Verma recounts the story which details life''s unholy twists and turns.

Back in the pooja room, the family was ready for the ritual. Their guru''s pooja hung proudly on the wall and the family was in full attendance--Pragya''s grand father, father, mother, brother and two sisters--all without a stitch of clothing on their stark naked bodies. "Hey nath, tu hi ek maatra dhyey hain, hamari ekshahyen, hamari winti mein bandhak hain....

The nude poojas, she recalls, were followed by group sex in which all family members had intercourse with each other. "My grandfather had it with my mother and my brother was with my sisters and father and vice versa", she tells you rather stoically. For your benefit her husband adds that the expressionlessness is the result of years of being doped by the family which, he explains, is part of the closed religious cult known as the sahajmargi. In short, sahajmargi is an atheist cult which does not believe in any kind of familial ties, "its only religion being open sex.

There are no brothers, sisters, father or mother. All human beings are same. I was told again and again. She says." ........

Brainwashed with this potent logic day in and they out, Pragya and scores of other girls, including her two sisters and five cousins were donated to the ashram.

Pragya still remembers the day of initiation when she was taken to a separate room in the ashram by 30 years old abhyasani (disciple) Brij Bala, Thakur. She gave me some white tablets to consume and smeared my private parts with some kind of paste, "says Pragya, then, she was taken to guru Ramchander''s room where she was disrobed and initiated into a system which proved to be her nemesis. The guru sex with me and I was later told that I had been married to the great man." Says Pragya....

There is no denial from the side of the accused applicants for making the publication of the aforesaid news item but they have given much emphasis that it was on the basis of the statement made by Smt. Pragya Prabhati Mishra. The news item extracted above and also the allegations made in the complaints are prima facie libelous and defamatory. Prima facie offence is made out against the accused applicants disclosing the ingredients of the offence u/s 500, I.P.C.

It is next urged that the aforesaid article at the most could affect the reputation of Sri Ram Chandra Ji Maharaj of Shahjahanpur or "Shri Ram Chandra Mission" but it would not in any way affect to any individual in view of Explanation (2) to Section 499, I.P.C. In that regard, it may be mentioned that the complainants are the members of Shri Ram Chandra Mission. The Explanation (2) in Section 499, I.P.C. reads as under:

Explanation 2.--It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such.

The aforesaid institution is registered under the Societies Registration Act and the complainants are the members of the association. They have the locus standi to bring these complaints. This can also be answered with reference to Section 199, I.P.C., which reads as under:

Prosecution for defamation.--(1) No Court shall take cognizance of an offence under Chapter XXI of the Indian Penal Code (45 of 1860) except upon a complaint made by some person aggrieved by the offence.

The expression ''by some person aggrieved'', in Section 199 definitely indicates that the complainant need not necessarily be the defamed person himself. These words have a wider connotation than the words ''person defamed'', which is made clear by the use of the word ''some'' before the person aggrieved. If on the allegations made, the reputation of the entire family is at stake, his close relations are directly or indirectly affected thereby, will be covered by the expression ''aggrieved person'', as was held in the case of Abdul Hakim v. State of U. P. 1973 ACC 1 . Members of "Shri Ram Chandra Mission" are like the members of one spiritual body. Where the complainant has reasons to feel hurt on account of defamation which is a matter to be determined by the Court depending upon the facts of each case. The allegations made against "Shri Ram Chandra Mission" would certainly cause imputations on each member of the said Mission and hence, they can legitimately feel a pinch of it. In the present case, the complainants are appearing to be aggrieved persons and so they have every right to bring the complaints. These all the complaints are not barred by Section 199, I.P.C. In this regard, it may also be mentioned that where prima facie case is made out disclosing the ingredients of the offence, the powers of the High Court u/s 482 of the Code are limited as was observed by the Apex Court in the case of M/s. Medchl Chemicals and Pharma P. Ltd. Vs. M/s. Biological E. Ltd. and Others, , may be extracted:

Exercise of jurisdiction under the inherent power as envisaged in Section 482 of the Code to have the complaint or the charge-sheet quashed is an exception rather than a rule and the case for quashing at the initial stage must have to be treated as rarest of rare so as not to scuttle the prosecution. With the lodgment of first information report the ball is set to roll and thenceforth the law takes its own course and the investigation ensures in accordance with the provisions of law. The jurisdiction as such is rather limited and restricted and its undue expansion is neither practiceable nor warranted. In the event, however, the Court on a perusal of the complaint comes to a conclusion that the allegations levelled in the complaint or charge-sheet on the face of it do not constitute or disclose any offence as alleged, there ought not to be any hesitation to rise up to the expectation of the people and deal with the situation as is required under the law. To exercise powers u/s 482 of the Code, the complaint in its entirety will have to be examined on the basis of the allegation made in the complaint and the High Court at that stage has no authority or jurisdiction to go into the matter or examine its correctness. Whatever appears on the face of the complaint shall be taken into consideration without any critical examination of the same. But the offence ought to appear ex facie on the complaint. The truth or falsity of the allegations would not be gone into by the Court at this earliest stage. Whether or not the allegations in the complaint were true is to be decided on the basis of the evidence led at the trial. So the question is: Can it be said that the allegations in the complaint do not make out any case against the accused nor do they disclose the ingredients of an offence alleged against the accused or the allegations are patently absurd and inherently improbable so that no prudent person can ever reach to such a conclusion that there is sufficient ground for proceeding against the accused.

Reliance may also be placed on the cases of State of Haryana and others Vs. Ch. Bhajan Lal and others, and Ajay Mitra Vs. State of M.P. and Others, .

It has next been contended that the accused applicants are associated with the publication of the daily newspaper and so their personal attendance in the Court would cause enormous hardship to them. Their personal attendance is desired to be dispensed with. Reliance has also been placed on the case of Bhaskar Industries Ltd. v. Bhiwani Denim and Apparels Ltd. and others 2001 (3) ACR 2297 (SC): 2001 SCC (Crl) 1254 After taking cognizance of the offence since the accused applicants have been summoned and so in the given circumstances they are directed to appear before the Court concerned where their bail application shall be considered and disposed of expeditiously preferably on the same day. Till to the recording of the statements u/s 313 of the Code their personal attendance shall remain exempted provided they give an undertaking in the Court that their presence be noted through counsel.

With the aforesaid directions, the application is accordingly disposed of.