Sardar Bhagat Singh vs Lachman Singh Akali

Sardar Bhagat Singh vs Lachman Singh Akali

Author : Shruti Kumari

CITATIONS: AIR 1968 Cal 296, 1968 CriLJ 759.

BENCH: Justice T. Mukherji

INTRODUCTION:

This case is at the stage of appeal in the hon’ble Calcutta High Court  with the special leave of the court under Section 417 against the helding of the learned magistrate which has acquitted the respondent.

FACTS:

In this case of Sardar Bhagat Singh vs Lachman Singh Akali, prosecution stated that respondent was the owner of a journal named Nabi Probhat in Gurumukhi language and co-accused Giani Bichittar Singh was the editor, printer and publisher thereof.

The journal Oct 1 and Oct 6, 1964 respectively published two editorials containing defamatory statements about the complainant in this case. But the Learned Magistrate has acquitted the respondents in this case.

So, complainant under Section 500 filed an appeal in the hon’ble Calcutta High Court against the order of acquittal of respondents for the publication of defamatory statements.

ISSUES & FACT OF LAW:

Whether the decision of the learned magistrate to setting aside the charge under section 500, IPC against the respondents is valid?

JUDGMENT:

Hon’ble Supreme Court has dismissed the appeal and held that acquittal of respondent in this case was unjustified.