Sushil Kumar vs Keshwa Prasad

N.K. Gupta, J.—Heard on admission. The applicant has challenged the order dated 16.2.2012 passed by the learned 5th Additional Sessions Judge, Sagar in criminal revision No. 76/2011, whereby the order dated 18.1.2011 passed by the learned JMFC, Sagar in criminal complaint No. 3467/2010 was confirmed, whereby the learned JMFC has dismissed the application of the applicant relating to territorial jurisdiction.

The prosecution''s case, in short, is that, the applicant published a news in his newspaper that son of the respondent got his selection as a civil Judge in the State of Chhatisgarh due to his good relations with Mr. Justice Rangnath Chandrakar. That newspaper was also circulated at Sagar. The respondent who was father of the selected candidate had filed a criminal complaint of defamation against the applicant.

The applicant moved an application before the trial Court that the trial Court did not have any territorial jurisdiction.

The learned JMFC dismissed the application. In revision, the learned 5th Additional Sessions Judge, Sagar also dismissed the revision.

After considering the submissions made by the learned counsel for the applicant, it is apparent that a complaint of defamation can be filed at a place where defamation takes place. If the newspaper of the applicant was specially sent to be circulated at campus of District Court, Sagar then, its publication is made in the premises of District Court, Sagar and therefore, defamation is caused at Sagar also. Under such circumstances, the learned Additional Sessions Judge as well as the JMFC have rightly observed that the learned JMFC has jurisdiction to entertain the complaint. It is specially noticed by both the Courts below that the order passed by the single Bench of this Court in case of "Sitaram Keshari Vs. State of M.P.", [(2000) (2) M.P.W.N. Note 73] is not applicable in the present case due to factual difference. It is specially pleaded by the complainant in para 8 that the newspaper was specially circulated in the Court premises of District Court, Sagar and therefore, special publication was done by the applicant at the Court premises of District Court, Sagar and therefore, JMFC, Sagar has jurisdiction to try such a complaint.

On the basis of the aforesaid discussion, there is no illegality or perversity is visible in the orders passed by both the Courts below. There is no basis by which any interference can be done in the orders passed by both the Courts below.

Consequently, the petition u/s 482 of the Cr.P.C. filed by the applicant Sushil Kumar Sharma is hereby dismissed at motion stage. Certified copy as per rules.