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TMI Blog1991 (11) TMI 129X X X X Extracts X X X X X X X X Extracts X X X X ..... ld not be proceeded with. To ask the Chief Editor to undergo me trial of the case merely on the ground of the issue of process would be oppressive. No person should be tried without a prima facie case. The view taken by the High Court is untenable. The appeal is accordingly allowed - 711 of 1991 - - - Dated:- 19-11-1991 - K. Jagannatha Shetty and Yogeshwar Dayal, JJ REPRESENTED BY: Mr. Kapil Sibal, Sr. Adv. and Mr. E.M.S. Anam, Adv. with him for the Appellant. Mr. A.S. Nambiar, Sr. Adv. and Mr. K.R. Nambiar, Adv. with him for the Respondents. [Judgment per: K. Jagannatha Shetty, J.]. We grant special leave and proceed to dispose of the matter. 2. This appeal against a decision of the Kerala High Court raises an import ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tended that the complainant has not alleged that the Chief Editor was responsible for selection of the news item and publication thereof. There was not even an averment in the complaint that the Chief Editor has perused the material or edited before its publication or that it was published with his knowledge or consent. After hearing the parties the Magistrate accepted the plea of the Chief Editor and dropped the proceedings against him. To be more precise, the Magistrate directed that the complaint so far as it relates to the Chief Editor could not be proceeded with. 5. The complainant took up the matter to the High Court in revision. The High Court allowed the revision and set aside the order of the Magistrate. 6. The High Court did n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cates that the proceedings before the Magistrate commences upon taking cognizance of the offence and the issue of summons to the accused. When the accused enters appearance in response to the summons, the Magistrate has to take proceedings under Chapter XX of the Code. But the need to try the accused arises when there is allegation in the complaint that the accused has committed the crime. If there is no allegation in the complaint involving the accused in the commission of the crime, it is implied that the Magistrate has no jurisdiction to proceed against the accused. 8. It is open to the accused to plead before the Magistrate that the process against him ought not to have been issued. The Magistrate may drop the proceedings if he is sat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t recognise any other legal entity for raising the presumption. Even if the name of the Chief Editor is printed in the newspaper, there is no presumption against him under Section 7 of the Act. [See State of Maharashtra v. Dr. R.B. Chowdhary Ors. : 1967 (3) S.C.R 708; D.P. Mishra v. Kamal Narain Sharma Ors. : 1971 (3) S.C.R 257; Narasingh Charan Mohanty v. Surendra Mohanty, 1974 (2) S.C.R 39; and Haji C.H. Mohammad Koya v. T.K.S.MA. Muthukoya, 1979 (1) S.C.R 664]. 10. It is important to state that for a Magistrate to take cognizance of the offence as against the Chief Editor, there must be positive averments in the complaint of knowledge of the objectionable character of the matter. The complaint in the instant case does not contain a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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