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    <title>1991 (11) TMI 129 - Supreme Court</title>
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    <description>In a summons-case, a Magistrate may drop proceedings even after process has issued and the accused has appeared if the complaint on a plain reading does not disclose a prima facie offence against that accused. The statutory presumption under the Press and Registration of Books Act applies only to the person named as Editor, not to a Chief Editor. To proceed against a Chief Editor, the complaint must contain positive averments of knowledge of the objectionable material or responsibility for its publication; absent such pleadings, trial cannot be sustained. The SC held the High Court order unsustainable and protected the Chief Editor from being made to stand trial on the complaint as framed.</description>
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    <pubDate>Tue, 19 Nov 1991 00:00:00 +0530</pubDate>
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      <title>1991 (11) TMI 129 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=81455</link>
      <description>In a summons-case, a Magistrate may drop proceedings even after process has issued and the accused has appeared if the complaint on a plain reading does not disclose a prima facie offence against that accused. The statutory presumption under the Press and Registration of Books Act applies only to the person named as Editor, not to a Chief Editor. To proceed against a Chief Editor, the complaint must contain positive averments of knowledge of the objectionable material or responsibility for its publication; absent such pleadings, trial cannot be sustained. The SC held the High Court order unsustainable and protected the Chief Editor from being made to stand trial on the complaint as framed.</description>
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      <pubDate>Tue, 19 Nov 1991 00:00:00 +0530</pubDate>
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