Mr. Vishweshwar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76511 of 2019 Arising Out of PS. Case No.-1963 Year-2013 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== 1.
Mr. Vishweshwar Kumar S/O Shivji Lal Resident Editor, Hindustan Media Ventures Ltd. Prayagraj, Distt.- Prayagraj, P.S.- Prayagraj, Uttar Pradesh 2.
Mr. Ajay Kumar Jain S/O Mr. Bhagwat Persa Jain Chief Financial Officer, Hindustan Media Ventures Ltd. Hindustan Times House Office, 18-20, Kasturba Gandhi Marg, Distt.- North East, P.S.- C. P. New Delhi- 110001 3.
Jeevan Sagar Times Pvt. Ltd. Through Proprieter Vikash Kihore Puriya (Male), S/O Sajjan Kumar Kishorepuria, Aged about 41 Years, Lower Nathnagar Road, Bhagwan Mahavir Path, Parvatti, P.S.- Nath Nagar, Distt.- Bhagalpur- 812002 4.
Mr. Aditya Nath S/O Krishna Kant Jha Reporter, Hindustan Media Ventures Ltd. Lower Nathnagar Road, Parvatti, P.S.- Nath Nagar, Distt.- Bhagalpur812002 ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Mr. Shiv Shankar Sharma S/O Late Chintaman Sharma Village- Sujaganj, Girdhari Shah Lane, P.S.- Kotwali, District- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dayanand Singh, Advocate For the Opposite Party/s :
Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-02-2026 Heard Mr. Dayanand Singh, learned counsel for the petitioners and Mr. Nishant Kumar for the opposite party no. 2.
2. The present petition has been preferred for: "setting aside/quashing of the impugned order dated 29.04.2016 passed by learned SubJudge-X-cum-ACJM-IX, Bhagalpur in Complaint Case No. 1963 of 2013 by which the learned Sub-
2/4 Judge-X-cum-ACJM-IX, Bhagalpur has taken cognizance under section 500 of the Indian Penal Code against the petitioners."
3. The complainant/opposite party no. 2, a resident of Bhagalpur, alleged that he was aggrieved by a defamatory article published in the Hindustan Times by its local journalist, Aditya Nath (petitioner no. 4). According to the complaint, the publication contained defamatory statements which lowered his prestige in society and allegedly resulted in the cancellation of his daughter's marriage.
4. As the opposite party no. 2 suffered mental agony, harassment and loss of public reputation, he preferred the complaint. This led to the Complaint Case No. 1963 of 2013 under Sections 500, 504, 506, 384 and 389 of Indian Penal Code against the Resident Editor of the Hindustan Media Ventures Ltd. (Mr. Vishweshwar Kumar), the Chief Financial Officer (Mr. Ajay Kumar Jain), Vikash Kishore Puriya who had taken franchise of the Hindi Daily and the Reporter, Aditya Nath. The cognizance was taken in the matter on 29.04.2016 by the learned Sub-JudgeX-cum-ACJM-IX, Bhagalpur which led to the present case.
5. Learned counsel appearing on behalf of the petitioners, at the outset, submitted that the Hindi daily Hindustan has since reviewed its position and does not stand by the article
3/4 that was originally published by its local correspondent, Aditya Nath (petitioner no. 4). It was further submitted that in the Hindi Daily Hindustan, on 13.11.2025, on page no. 2, it was prominently recorded/published that the publishers submit their unqualified apology if the article published in the year 2012 (specific dates are there) has affected the reputation of the opposite party no. 2.
6. The submission by Mr. Singh is that they have amicably settled the matter, have submitted apology and in that background, it would be appropriate that the present case is consigned to file.
7. The opposite party no. 2 is appearing through Mr. Nishant Kumar and there is no affidavit on his behalf but on instruction, the submission is that now when the petitioners have come to terms for the act of the petitioner no. 4, Aditya Nath and have submitted apology and the same has been published in the Hindi Daily Hindustan dated 13.11.2025, as recorded above, he also do not want to pursue the matter further.
8. Considering the aforesaid fact and appreciating the stand of both the parties in taking the matter to its logical conclusion, in the fitness of the things, it would be appropriate that the Complaint Case No. 1963 of 2013 comes to an end.
9. In the aforesaid background, impugned order dated 29.04.2016 passed by learned Sub-Judge-X-cum-ACJM-IX,
4/4 Bhagalupur in Complaint Case No. 1963 of 2013 by which the learned ACJM-IX, Bhagalpur has taken cognizance under Section 500 of the Indian Penal Code stands quashed.
10. Having passed the order, this Court will only record that when the Hindi Daily Hindustan which is a reputed newspaper gives franchises to an individual/agency in a particular district, they shall ensure that whatever is published is an authenticated news as any publication by the locals have a bearing on the publishers/proprietors too, a fact they cannot overlook.
11. In this particular case, this Court has noted that the marriage of the daughter of the opposite party no. 2 was cancelled after the adverse publication of news against him in the local newspaper, Hindustan.
12. This Court appreciates the opposite party no. 2 that even thereafter, he accepted the apology and wants the matter to come to an end.
13. Cr. Misc. No. 76511 of 2019 stands disposed of. (Rajiv Roy, J) Adnan/- U T