High Court Patna High Court - Orders

Mammen Methew & Anr vs State Of Bihar & Anr on 29 July, 2011

Patna High Court – Orders
Mammen Methew & Anr vs State Of Bihar & Anr on 29 July, 2011
                IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Cr.Misc. No.44471 of 2008
                              Mammen Methew & Anr
                                         Versus
                                State Of Bihar & Anr
                                       -----------

2 29.7.2011 Learned counsel for the petitioners submits that on the

basis of the statement by the Secretary of Bhartiya Janta Party, an

news item was flashed in the news papers regarding anomalies

committed by the BIADA. The allegation is that the petitioners are

guilty of offence of defamation. It is submitted that petitioners are

not directly involved in the publication of the news item in

question and even if it is presumed that they are responsible, the

news paper is protected by right of freedom of speech.

Issue notice to opposite party no.2 both by ordinary

process and registered posts Requisites etc. for which must be

filed within a period of ten days failing which this application

shall stand dismissed without further reference to a Bench.

Put up this case on appearance of opposite party no.2

along with Cr. Misc. No. 44181/2008.

In the mean time, further proceedings in Complaint

Case No. 2319 (M)/2007 pending in the court of the C.J.M, Patna

shall remain stayed.

     haque                                             ( Sheema Ali Khan, J.)