In Brief
The Supreme Court addressed two criminal appeals arising from defamation complaints against newspaper executives. A-1 (Managing Director) and A-2 (Chairman) of Sakal newspaper were accused of publishing defamatory articles about an IPS officer regarding alleged corruption. The High Court quashed proceedings against A-2 but upheld them against A-1. The Supreme Court held that the mandatory procedural requirements of Section 202 CrPC apply to all accused persons, including those outside the Magistrate's territorial jurisdiction. The Magistrate failed to conduct proper enquiry before issuing process. The Court partially allowed both appeals, quashing the defective process and remitting the matter for the Magistrate to conduct proper enquiry to determine whether actual involvement of A-1 and A-2 in publication justifies prosecution.
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