w w w . L a w y e r S e r v i c e s . i n



Paresh Nath v/s State of Bihar


Company & Directors' Information:- NATH PRIVATE LIMITED [Active] CIN = U31908PN2013PTC148540

Company & Directors' Information:- NATH AND CO LTD [Strike Off] CIN = U15141KL1946PLC000796

    CR.Misc 16083 Of 2006

    Decided On, 19 January 2007

    At, High Court of Bihar

    By, THE HONOURABLE MR. JUSTICE VGHANSHYAM PRASAD

    For the Appearing Parties: Nilu Agrawal, Manoj Kumar, Anil Kumar, Bajrang Lal Sharma, Gopesh Kumar, Advocates.



Judgment Text

GHANSHYAM PRASAD, J.

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed to quash the order dated 7.3. 2006 passed by Sri Muni Lal Paswan, Additional Sessions Judge-XII, Patna in Criminal Revision No. 831/05 as well as the order of cognizance dated 20.8.2005 passed by Sri S.D. Dwivedi, Judicial Magistrate, Patna City in Complaint Case No. 915/2004 thereby and thereunder he has taken cognizance under Sections 295A and 501 of the Indian Penal Code against the petitioners as also the entire criminal proceeding.

(2.) The main contention of the learned Counsel for the petitioners is that the cognizance has been taken under; the above provisions in complete violation of Section 196 of the Code of Criminal Procedure. Section 196 of the Criminal Procedure Code prohibits the court to take cognizance under Section 295A of the Indian Penal Code without prior sanction of the Central or State Government as the case may be Second submission of learned Counsel for the petitioners is that Section 501 is not applicable in this case as there is no allegation of defamation of any "person".

(3.) This Court finds substance in both submission of learned Counsel for the petitioners. Section 196(1) debars the court to take cognizance under Section 295A of the Indian Penal Code without prior sanction of the concerned government/authority, which runs as follows; 196. Prosecution for offences against the State and for criminal conspiracy to commit such offence;- (1) No Court shall take cognizance (a) any offence punishable under Chaapter VI or under Section 153-A, Section 295-A or Sub-section (1) of Section 505 of the Indian Penal Code (45 of 1860), or (b) a criminal conspiracy to commit such offence, or (c) any such abatement, as is described in Section 108-A of the Indian Penal Code (45 of 1860) except with the previous sanction of the Central Government or of the State Government.

(4.) Admitted fact is that sanction has not been taken by the complainant in this Case. Thus, the order of cognizance taken under Section 295A of the Indian Penal Code is not sustainable in the eye of law. Learned Additional Sessions Judge has dismissed the revision of the petitioners on the basis cf the decision of the Apex Court (Bakhshish Singh Brar v. Smt. Gurmej Kaur and Anr.) It appears that the learned Additional Sessions Judge has not properly appreciating the decision of the Apex Court. In that very decision the matter was with regard to prosecuting the government servant for committing murder with conspiracy with other accused persons by exceeding limit of official capacity/duty. Therefore, the Apex Court refused to interfere in the prosecution of the appellant on the basis of the bar provided in Sections 195 as well as 196 of the Code of Criminal Procedure (only for conspiracy). Thus, in the facts and circumstances stated above, it is not applicable in this case.

(5.) So far the applicability of Section 501 of the Indian Penal Code is concerned, it also does not apply in this case. The allegation is with regard to publishing and printing the offending and defamatory article against Chhath Puja under the caption "Chhath Andhviswash Ka Mahaparv". It is not against any particular or individual person. Section 501 of the Indian Penal Code reads as follows; 501. Printing or engraving matter known to be defamatory;- Whoever prints or engraves any matter, knowing or having good reason to believe that such matter is defamatory of any person, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both

(6.) The word defamatory is defined under Section 499 of the Indian Penal Code. The word 'person' is significant in both the provisions. The offence of defamation can be committed against a 'person'. The 'person' has been defined in Section 11 of the Indian Penal Code which is as follow: Section 11:- "person" The word "person" included and Company any or Association or body of persons, (Sic) incorporated or not

(7.) Apparently (Sic) definition of person does not include any artificial or juristic person.

(8.) The allegation also does not disclose in what manner the Article in question was defamatory to any 'person' or the com

Please Login To View The Full Judgment!

plaint, mere a bald allegation does not attract Section 501 of the Indian Penal Code. The Article is just an opinion of individual in good faith for public discussion. Therefore, cognizance under Section 501 of the Indian Penal Code is apparently bad and illegal. (9.) Thus, having regard to the facts and circumstances of the case as wall as the settled principle of law, this application is allowed and the impugned orders including the revisional order is hereby quashed.
O R







Judgements of Similar Parties

15-06-2020 Aditya Nath Jha Versus Union of India & Others Supreme Court of India
06-05-2020 Triloki Nath Singh Versus Anirudh Singh(D) Thr. Lrs & Others Supreme Court of India
28-04-2020 Sambhu Nath & Others Versus State of U.P. High Court of Judicature at Allahabad
27-04-2020 Mohd. Burhan Versus Triloki Nath Nirmal High Court of Delhi
05-03-2020 Saurendra Nath Sen Versus M/s. Ranjan Nirman Pvt. Ltd. & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
03-03-2020 Debashish Nath Versus The State of Tripura, Represented by the Secretary-cum-Commissioner, Department of Information and Cultural Affairs, Government of Tripura & Others High Court of Tripura
18-02-2020 Shakti Nath & Others V/S Alpha Tiger Cyprus Investment No.3 Ltd. And Others Supreme Court of India
14-02-2020 Subhash @ Subash Deb Nath Versus On Death of Bishnupada Saha His Legal Heirs - Archana Saha & Others High Court of Gauhati
10-02-2020 Axis Bank V/S Shyambeer Nath Tiwari and Others. Debts Recovery Tribunal Delhi
07-02-2020 Union of India & Another Versus Deepak Niranjan Nath Pandit Supreme Court of India
07-02-2020 Paras Nath Singh Versus State of U.P. & Others High Court of Judicature at Allahabad
23-01-2020 Governing Body Swami Shraddhanand College Versus Amar Nath Jha & Another Supreme Court of India
07-01-2020 Biswanath Pal Versus Sankar Nath Pal & Others High Court of Judicature at Calcutta
07-01-2020 Kamal Nath, Accountant, Divisional Office Tezpur, Sonitpur Versus The Union of India, Represented by the Secretary to the Government of India, Ministry of Communication & IT Department of Posts, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
06-01-2020 Surinder Nath Kesar Versus Board of School Education & Others Supreme Court of India
03-01-2020 Prasanta Lenka Versus Birendra Nath Rana High Court of Orissa
24-12-2019 Rabindra Nath Dam & Another Versus State of West Bengal & Another High Court of Judicature at Calcutta
22-11-2019 Dwijendra Nath Mishra Versus State of U.P. & Others High Court of Judicature at Allahabad
14-11-2019 Jayanti Das Nath Versus The Union of India, Represented by the Secretary, To the Govt. of India, Ministry of Defence (D), New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
08-11-2019 Savrunisha & Others Versus Bhola Nath High Court of Judicature at Allahabad
29-09-2019 Jonali Nath Versus The Union of India, Represented by the Secretary, Ministry of Railway, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
24-09-2019 Dina Nath (D ) By Lrs. & Another Versus Subhash Chand Saini & Others Supreme Court of India
23-09-2019 M/s. Bishamber Dass Pran Nath & Another Versus Madhu Kapoor & Another High Court of Delhi
20-09-2019 Gouri Saha Versus Amarendra Nath Das & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
16-09-2019 National Insurance Company Ltd. Versus Shambhu Nath Upadhyay National Consumer Disputes Redressal Commission NCDRC
28-08-2019 Alok Nath Chandra Versus State Bank of India & Others High Court of Judicature at Calcutta
28-08-2019 Paras Nath & Others Versus Addl. Dist. Judge A. Nagar & Others High Court Of Judicature At Allahabad Lucknow Bench
20-08-2019 Goa State Cooperative Bank Ltd. Versus Krishna Nath A. (Dead) Through Lrs. & Others Supreme Court of India
19-08-2019 Ayodhya Faizabad Development Authority Through Its Vice Chairman, Faizabad Uttar Pradesh Versus Nath Bux Singh National Consumer Disputes Redressal Commission NCDRC
16-08-2019 Sambhu Nath Dan Versus Kanak Kumar Kundu @ Provat Kumar Kundu High Court of Judicature at Calcutta
14-08-2019 M/s. Nath Seeds Ltd. Versus Regional Director E.S.I. Corporation Supreme Court of India
25-07-2019 State Bank of India & Others Versus Atindra Nath Bhattacharyya & Another Supreme Court of India
22-07-2019 Kawsik Nath Versus The State of Tripura & Others High Court of Tripura
16-07-2019 Gouri Saha Versus Amarendra Nath Das & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
15-07-2019 Ganesh @ Lachman Shaw Versus Versus Amar Nath Shaw High Court of Judicature at Calcutta
08-07-2019 Raj Kumar & Another Versus Som Nath High Court of Himachal Pradesh
18-06-2019 Komal Prasad Shukla & Others Versus Raj Nath Yadav & Others High Court of Chhattisgarh
14-06-2019 Narendra Nath Mishra & Others Versus Binod Kumar & Another National Consumer Disputes Redressal Commission NCDRC
14-06-2019 Amar Nath Versus Bhagat Chand High Court of Himachal Pradesh
31-05-2019 Ram Nath & Others Versus State of U.P. High Court of Judicature at Allahabad
31-05-2019 Pranay Nath Versus State of Tripura High Court of Tripura
09-05-2019 Lakshya Nath Sonowal & Others Versus Union of India, Represented by the Secretary to the Government of India, Ministry of Finance, Department of Revenue, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
08-05-2019 Rabindra Nath Mishra Versus The State of Bihar through its Principal Secretary, Department of Cooperative & Others High Court of Judicature at Patna
08-05-2019 Sambhu Nath Patra Versus State of West Bengal & Others High Court of Judicature at Calcutta
06-05-2019 Ratan Deb Nath Versus The Union of India, Represented by the Comptroller & Auditor General of India, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
01-05-2019 Triloki Nath Chaudhary Versus Shri Hari Overseas (P) Ltd. High Court of Delhi
30-04-2019 Dew Nath Tiwari & Others Versus Union of India & Others High Court of Judicature at Calcutta
25-04-2019 United India Insurance Company Ltd. & Others Versus Satender Nath Jha & Others High Court of Punjab and Haryana
22-04-2019 P. No. 488714, Shambhu Nath, Washerman, Office of the Commandant & Others Versus The Union of India, Represented by the Secretary to the Government of India, Ministry of Defence, New delhi & Another Central Administrative Tribunal Guwahati Bench Guwahati
17-04-2019 Sri Jitendra Nath Barman & Others Versus The State of West Bengal & Others High Court of Judicature at Calcutta
09-04-2019 Hema Kanta Deka & Others Versus Hemendra Nath Deka & Others High Court of Gauhati
04-04-2019 Atul Chandra Das (D) Through Lrs. Versus Rabindra Nath Bhattacharya (D) Thr. Lrs. & Others Supreme Court of India
29-03-2019 Kashi Nath Singh Versus State of Bihar High Court of Judicature at Patna
28-03-2019 Rajinder Tiwari Versus Kedar Nath (Deceased) Thr. L.Rs. & Others Supreme Court of India
15-03-2019 Uma Nath Rai, Mowblei, Shillong Versus Union of India, Represented by the Director, Anthropological Survey of India, Government of India, Kolkata & Others Central Administrative Tribunal Guwahati Bench Guwahati
08-03-2019 Rabha Ram Nath Versus The Union of India, Represented by the Secretary, to the Govt. of India, Ministry of Defence (D) & Others Central Administrative Tribunal Guwahati Bench Guwahati
07-03-2019 Pushpendra Nath Chouhan @ Manish @ Manoj @ Pappu Baba & Another Versus State of Chhattisgarh High Court of Chhattisgarh
28-02-2019 State of Himachal Pradesh Versus Dina Nath Sharma High Court of Himachal Pradesh
19-02-2019 Nripen Chandra Nath Versus The Union of India, Represented by the Secretary to The Government of India, Department of Post, Ministry of Communication, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
15-02-2019 Hiran Kr. Nath & Others Versus Rafiqul Islam & Others High Court of Gauhati
14-02-2019 Debashis Nath & Others Versus G M N Construction & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
14-02-2019 Ratan Deb Nath Versus The Union of India, Represented by the Comptroller & Auditor General of India, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
08-02-2019 Bhupen Nath Versus The Union of India, Represented by the Secretary, Ministry of Defence, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
06-02-2019 United India Insurance Company Ltd. Versus Ram Nath Singh & Another High Court of Judicature at Allahabad
04-02-2019 Dhian Nath Kapur Versus Pran Nath Kapur High Court of Delhi
04-02-2019 Dhian Nath Kapur Versus Pran Nath Kapur High Court of Delhi
01-02-2019 Badri Nath Peer & Others Versus Simi Peer High Court of Jammu and Kashmir
28-01-2019 Tarak Nath Datta & Others Versus Krishna Chandra Mondal & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
22-01-2019 Sailendra Nath Sarma Versus The State of Assam & Others High Court of Gauhati
21-01-2019 Ratan Nath Versus State of Rajasthan, Through PP High Court of Rajasthan Jodhpur Bench
07-01-2019 Biswanath Pal Versus Sankar Nath Pal & Others High Court of Judicature at Calcutta
04-01-2019 Shambhu Nath Singh Versus East Central Railway National Consumer Disputes Redressal Commission NCDRC
15-12-2018 Harendra Nath Sarma Versus The State of Assam & Others High Court of Gauhati
14-12-2018 Nitumani Nath Versus The Union of India, Represented by the Secretary to the Govt. of India, Ministry of Communications, Department of Posts, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
13-12-2018 Ganesh Chandra Nath Versus Arnab Hazarika & Another High Court of Gauhati
13-12-2018 Amar Nath Chowdhary Versus Dewan Izzat Rai Nanda (Deceased) Through Legal Heirs & Others High Court of Delhi
12-12-2018 Surinder Kumar Versus Arvind Nath Pathak & Others High Court of Delhi
07-12-2018 Rahendra Nath Brahma Versus The State of Assam & Others High Court of Gauhati
07-12-2018 Pradip Kumar Nath Versus The Union of India, Rep. by the Secretary to the Government of India, Ministry of Defence, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
30-11-2018 Prithvi Nath Pandey Versus Moti Lal Nehru College & Others High Court of Delhi
30-11-2018 Sudip Kanti Nath Versus The Union of India, Through the Secretary, Ministry of Human Resource Development, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
20-11-2018 Bhoola Nath Versus State of Uttar Pradesh & Others High Court of Judicature at Allahabad
14-11-2018 Radha Nath Nandy V/S M/s. Merck Limited And Another Supreme Court of India
26-10-2018 Sandhya Basu Mallick & Another Versus Pramatha Nath Sen & Another High Court of Judicature at Calcutta
25-10-2018 Sudip Chandra Nath Versus Md. Abdul Motin Laskar High Court of Gauhati
25-10-2018 Sudip Chandra Nath Versus Md. Abdul Motin Laskar High Court of Gauhati
12-10-2018 Kamal Nath Versus Election Commission of India & Others Supreme Court of India
05-10-2018 Paras Nath Yadav Versus Union of India & Others High Court of Judicature at Calcutta
04-10-2018 Vijay Kumar Puri Versus Rajinder Nath Puri (Since Deceased) Thr Lrs High Court of Delhi
03-10-2018 Shambhu Nath & Brothers & Others Versus Imran Khan High Court of Judicature at Calcutta
27-09-2018 Jitendra Nath Mishra Versus The Union of India, Represented by the Secretary Ministry of Railway, Rail Bhawan, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
27-09-2018 N. Senthil Nath Versus Karthigai Selvi Before the Madurai Bench of Madras High Court
25-09-2018 Pasupati Nath Das (dead) Versus Chanchal Kumar Das (dead) by L.Rs. & Others Supreme Court of India
24-09-2018 Jadabendra Nath Jana & Others Versus Ananta Kumar Mishra (since deceased) Tapan Kumar Mishra & Others High Court of Judicature at Calcutta
14-09-2018 Hirendranath Nath Versus The Union of India, Rep. by the Secretary to the Department of Posts, Government of India, Ministry of Communication & Information & Technology, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
14-09-2018 Dina Nath Shaw @ Dino Nath Shaw Versus Mritun alias Mritunjay Dolui High Court of Judicature at Calcutta
06-09-2018 Hirok Chowdhury & Others Versus Khagendra Nath Mandal & Others High Court of Judicature at Calcutta
04-09-2018 Mahendra Nath Verma Versus U.P. State Public Services High Court Of Judicature At Allahabad Lucknow Bench
03-09-2018 Upendra Nath Barman & Another Versus State of West Bengal High Court of Judicature at Calcutta
31-08-2018 State of Sikkim Versus Ram Nath Choudhary High Court of Sikkim


LawyerServices is a Premium Legal Tech solution.


Lawyers, Law Firms, Government Departments and Corporates rely on us for, Workflow Automation, Data Aggregation, Timely Updates, Case Management, Intelligent Research, Latest Legal Data Updates and a LOT more!

If you are a legal professional, CONTACT US, in order to see how our UNIQUE solution can benefit your organization.

Features Intro Close Box