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Defamation proceedings against Dainik Jagran Editor quashed by Allahabad High Court; Finds NO Positive Allegations

Lawstreet Journal 29 Mar 2022 1:23am

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Image courtesy: Lawstreet Journal Judiciary Defamation proceedings against Dainik Jagran Editor quashed by Allahabad High Court; Finds NO Positive Allegations

The Allahabad High Court has quashed the summoning order against Editor of Dainik Jagran, for an article that was contested to be defamatory in nature. Dainik Jagran is a daily newspaper published in India, which has an enormous outreach. 

The respondent in this case filed a complaint with the concerned Magistrate under Section 500 Indian Penal Code, 1860, alleging that a news item was published in the Bareilly edition of Dainik Jagaran , alleging defamatory and malicious imputation against the complainant, and that the accused persons had acted to defame him as a result of the said publication. It was also claimed that a case for attempted murder and assault had been filed, despite the fact that he and his brother are well-known and respected individuals who have never been engaged in any criminal matter. 

The applicant's counsel argued that the Editor-in-Chief is not accountable for day-to-day reporting in local editions, which is done under the supervision and expertise of editors and local reporters. He claimed that the applicant had no knowledge of the reports published in the local edition and could not have been charged as an accused because there were no specific allegations against him. He also claimed that the Magistrate was not justified in summoning him because there were no positive allegations against him.

The learned Magistrate further neglected to consider that one of the complainant's witnesses is his biological brother, while the other is a close cousin, and there is no independent witness.

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