AIR 1981 SUPREME COURT 1514 ::1981 CriAppR(SC) 259 ::1981 (3) SCC 208 ::(1981) AllCriC 248 ::1981 SCC(Cri) 798 ::1981 ChandCriC 146 (SC) ::(1981) ChandCriC 146 ::(1981) CurLJ(CCR) 177

Supreme Court Of India

(From : 1979 Cri LJ 1494 (Madh Pra))

Hon'ble Judge(s): O. Chinnappa Reddy, A. P. Sen, Baharul Islam , JJJ

(A) Penal Code (45 of 1860) , S.499 Ninth Exception, S.500— Defamation - Prosecution of newspaper editor - Plea that news item was based on Government Report - Application for production of Report before accused is examined rejected - Revision against - High Court cannot quash entire proceedings - Availability of protection under Exception 9, held, could not be examined @page-SC1515at such stage.1979 Cri LJ 1494 (Madh Pra), Reversed. Criminal P.C. (2 of 1974) , S.397, S.482— Constitution of India , Art.136— An Editor of a newspaper was prosecuted under Section 500, I. P. C. for publication of a news item which was per se defamatory. The Editor alleged that he published the news item on basis of an Enquiry Report submitted by a high official to the Government relating to certain irregularities committed in jail. He claimed protection under Section 499 Exception Ninth and moved petition under Section 91, Cr. P. C. that before his examination under S. 251, Cr, P. C. the said Enquiry Report be produced before the Magistrate. The Government claimed privilege and his prayer for production of the Report was rejected by the Magistrate. He approached the High Court under Section 397 and 482 Cr. P. C. for quashing the order and for direction to the Magistrate to call for the Report. The Report was made available to the High Court and it quashed ....