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TMI Blog2003 (12) TMI 685X X X X Extracts X X X X X X X X Extracts X X X X ..... ned Chief Metropolitan Magistrate not only allowed the respondents to watch the proceedings but also allowed them to participate, file affidavits in support of their version and also written submissions as if the inquiry being conducted by him under Section 202 of Cr.P.C into allegations contained in the complaint was in the nature of a trial. The relevant extracts of Section 202 of Cr.P.C needs to be produced and are as under; - Section. 202. Postponement of issue of process--(1) Any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under Section 192, may, if he thinks fit, postpone the issue of process against the accused, and either enquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding: 3. Another relevant provision is Section 200, which provides a procedure that a Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witness present, if any and the substance of such examination shall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this feature. This feature was widely hailed by the Press. A few of the comments by critics appearing in the leading national dailies were as follows: Seldom has Akashwani presented a more imaginative and absorbing commemorative broadcast..... in unearthing the romantic story of the birth of our National Anthem the All India Radio has earned the gratitude of the nation and a bright feather in its cap a great deal of research had apparently been done to piece the tale together, and to verify the authenticity of the tape recording of that historic first performance, now preserved in AIR's archives... the programme held attention and was well worth sitting up till 10.40 p.m. 8. The petitioner continued to research the subject long after the broadcast and contemplated a thesis/book/film on the subject after her retirement. 9. Star channel (read respondent No. 3-accused) in its evening Hindi and English prime time news programme 'Star News' aired a special feature after the 'weather report' some time in Oct./Nov. 1997 which was nothing but there production of the petitioner's feature on the subject already broadcast on AIR on 23.1.80. That in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... authenticity of the original tape of Ganpuley, the official nothings in the office of Directorate General of All India Radio, the material provided by Lutz from Germany, the correspondence exchanged between Dr. Y.P. Anand and the complainant on one hand and Dr. Y.P. Anand and authorities in All India Radio on the other, besides monograph Ex. P.I. the audio cassette containing the recording of the documentary feature aired in 1980 and video recording of the two news items telecast by accused No. 1 was brought on record. 13. Learned Chief Metropolitan Magistrate heard the audio cassette containing the recording of documentary feature broadcast by All India Radio on 23.1.80 and confirmed the correctness of the transcript as published from pages 33 to 48 in the ' monograph Ex. P1. Barring a few inaccuracies, the transcript was more or less true. Court saw the two impugned items in the news telecast on 17.11.97 by accused No. 1 and compared it with the transcript mark C1-2 and mark D1-2.The transcripts were true as per the actual telecasts. 14. Though on the face of it the procedure adopted by learned C.M.M was in complete violation of the provisions of Section 202, Cr.P.C st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a and Anr., [1983]2SCR724 wherein the Supreme Court has taken the following view: ''An inquiry under Section 202 is not in the nature of a trial for there can be in law only one trial in respect of any offence and that a trial can commence only after process is issued in the accused. The said proceedings are not, strictly proceedings between the complainant and the accused. A person against whom a complaint is filed does riot become an accused until it is decided to issue process against him. Even if he participates in the proceedings under Section 202 he does so not as an accused but as a member of the public. The object of the inquiry under Section 202 is the ascertainment of the fact whether the complaint has any valid foundation calling for the issue of process to the person complained against or whether it is a baseless one on which no action need be taken. The section does not require any adjudication to be made about the guilt or otherwise of the person against whom the complaint is preferred. Such a person cannot even be legally called to participate in the proceedings under Section 202. 16. As is apparent, there is no conflict in the aforesaid judgments. Rat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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