1991 (11) TMI 129

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....the Magistrate to drop proceedings against an accused in a summons-case after process is issued. 3. The facts are simple. K.M. Mathew - appellant is the Chief Editor of Malayalam Manorma. It is a daily newspaper with wide circulation in the State of Kerala and seems to be the largest language newspaper in India. Separate editions of the newspaper are published from different centres, namely, Trivandrum, Kottayam, Cochin and Calicut. At each of these centres, there is a separate Editor who is responsible for selection and publication of news items. The Chief Editor is based at Kottayam and he is responsible for the general policy of the Daily and various other publications of the Manorma group of publications. Respondent No. 2 is an advoc....

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....t has or has not made out a case against the Chief Editor. The High Court rested its conclusion solely on the procedural requirements of the trial of a summons-case. It has been pointed out that in any private complaint triable as a summons-case the Magistrate, after taking cognizance of the offence and issuing process, has no jurisdiction to drop proceedings against the accused. He is bound to proceed under Chapter XX of the Code of Criminal Procedure when the accused enters appearance. He will have to state the particulars of the offence and record the plea of the accused. When the accused pleads not guilty, he will have to hear the prosecution and take all such evidence produced in support of the prosecution. Then he will have to hear th....

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....e complaint that there is no offence for which the accused could be tried. It is his judicial discretion. No specific provision is required for the Magistrate to drop the proceedings or rescind the process. The order issuing the process is an interim order and not a judgment. It can be varied or recalled. The fact that the process has already been issued is no bar to drop the proceedings if the complaint on the very face of it does not disclose any offence against the accused. 9. In the instant case there is no averment against the Chief Editor except the motive attributed to him. Even the motive alleged is general and vague. The complainant seems to rely upon the presumption under Section 7 of the Press and Registration of Books Act, 18....