1. Respondent No. 1 filed complaint U/s 499/500 RFC against the petitioner, which complaint is pending on the files of the Special Mobile Magistrate PT and E Srinagar, on the ground, that his reputation has been adversely affected and integrity bruised in view of the News item which appeared in Daily Excelsior News paper, published from Jammu in its edition dated 27th Feb. 2012. 2. The Id. Magistrate after recording the preliminary statement of respondent No. 1 and one Bashir Ahmad on 10th March 2012 issued process for petitioner's appearance. The bailable warrants in the amount of Rs. 10,000/- were issued to secure the presence of the petitioner before the trial Court. 3. In this writ petition, order dated 10th March 2012 has been called in question and it is also prayed that by issuance of writ of certiorari the complaint filed under sections 499/500 RFC pending on the files of Id Mobile Magistrate PT and E Srinagar, be quashed and'ld trial Magistrate be directed not to proceed with the trial of the case. 4. Mr. K.S. Johal, Id Sr. advocate submitted that the Id trial Magistrate could not take cognizance of offence and issue process against the petitioner in view of the mandate contained in Section 198-B of Criminal Procedure Code. Ld counsel submitted that the statement is made in the News paper in respect of the official conduct of respondent No. 1 as such the Id trial Magistrate could not take cognizance and issue process against the petitioner. 5. Ld counsel also invited the attention of the court to case titled Pepsi Foods ltd and Anr. appellants v. Special Judicial Magistrate and Ors. respondents reported in (1998) 5 SCC 749 and submitted that the Hon'ble Supreme Court at paragraph 28 has provided as under:- "Summoning of an accused in a criminal case is a serious matter. Criminal law cannot be set into motion as a matter of course. It is not that the complainant has to bring only two witnesses to support his allegations in the complaint to have the criminal law set into motion. The order of the Magistrate summoning the accused must reflect that he has applied his mind to the facts of the case and the law applicable thereto. It is not that the complainant has to bring only two witnesses to support his allegations in the complaint to have the criminal law set into motion. The order of the Magistrate summoning the accused must reflect that he has applied his mind to the facts of the case and the law applicable thereto. He has to examine the nature of allegations made in the complaint and the evidence both oral and documentary in support thereof and would that be sufficient for the complainant to succeed in bringing charge home to the accused. It is not that the Magistrate is a silent spectator at the time of recording of preliminary evidence before summoning of the accused. The Magistrate has to carefully scrutinize the evidence brought on record and may even himself put questions to the complainant and his witnesses to elicit answers to find out the truthfulness of the allegations or otherwise and then examine if any offence is prima facie committed by all or any of the accused". 6. Ld counsel also referred to and relied upon the judgment of the Hon'ble Supreme Court in case titled S. Khushboo, appellant v. Kanniammal and anr, respondents reported in (2010) 5 Supreme Court cases 600. Ld counsel also referred to case titled Sanatan Daw, complainant-appellant v. Dasarathi Tah, accused-respondent reported in AIR 1959 Calcutta 677, and submitted that the proceedings before the trial Magistrate are without jurisdiction and also tentamounl to abuse the process of court. 7. The News item/write-up is taken note of:- "Knowledgeable source in the department claim that a junior official, who was otherwise due to reach the rank of Head of Department in the year 2019, had been appointed as Director on the promise that he would be sending Rs. 50 lakh a month as haf ta to the people in top corridors of power. "There is the duty he is faithfully discharging" 8. The Printer, Publisher, owner and Editor of a News paper, in independent country, like ours, where rights of people are guaranteed by the Constitutional Provisions, has right to carry on the avocation, profession, business without any interference from any quarter. The guarantees available to the press however, are not unqualified. The power of the pen has been found to be more lethal and fatal than power of the gun. The guarantees available to the press however, are not unqualified. The power of the pen has been found to be more lethal and fatal than power of the gun. A write-up can damage the reputation of person and destroy him in one moment, for building which such person must have spent decades together. A duty is, thus,.cast on the Printer, Publisher and owner of a News paper to be very cautious and careful in publishing News items/write-ups. The Press in our country more particularly in our state, has created deep impact on the psyche of the people. Whatever is reported in the News papers is normally taken to be correct. The press has, thus, assumed significant importance in the day to day life of the people. If false and unsubstantiated News items/write-ups are published, a day would soon reach when people would lose faith in the fairness of the Press. The people who are charged with the duty of printing and publishing News paper/journals would thus, cause immense damage to their own profession. Before publishing a News item/write-up, which has the potential of affecting the reputation and integrity of a person, a duty is cast on the News paper concerned to enquire into the matter, in most fair and unbiased manner. The News item/write-up should not be motivated one, designed to tarnish the, otherwise, impeccable image of a person. Utmost restraint has to be exhibited by a News paper as carelessness is bound to boomerang on the institutions of the press itself. 9. The Id Magistrate in the impugned order dated 10th March 2012 has observed as under: "From the perusal of the complaint and the statements it has been observed that the prima facie the accused has committed the offence u/s 499/500 RPC.nce, the cognizance is taken in the said section against the accused. Issue bailable warrant to the tune of rupees ten thousand through SSP Jammu with the direction to execute the warrant so that the accused can cause his appearance on next date of hearing. Put up on 3rd April, 2012." 10. Issue bailable warrant to the tune of rupees ten thousand through SSP Jammu with the direction to execute the warrant so that the accused can cause his appearance on next date of hearing. Put up on 3rd April, 2012." 10. The issuance of process in a criminal case is very serious matter, as it abridges liberty of a person, inasmuch as, the person whose liberty is guaranteed by Article 21 of the Constitution of India is asked to face the trial and for his appearance before the court he is asked to furnish bail bound and surely bound. In order to issue the process against the person in a criminal case a duty is cast on the Id Magistrate to apply its judicial mind to the material/evidence available on record and after referring to the allegations made in the complaint and to the statement of witnesses in brief, has to record reasons in brief for issuing process against the accused person. The act of issuing process cannot be mechanical one. 11. Whatever is stated in News item/write-up, whether has reference to public duties or not, would require to be considered at the stage of issuance of process, and/or may be ascertained during trial of case. 12. The Hon'ble S.C in Pepsi Foods ltd's case at paragraph 28 has laid down method and manner though, not exhaustive, as to how the process can be issued and what requirements are to be satisfied before issuing the process in a criminal case. 13. On the touch stone of the law laid down by the Hon'ble Supreme Court in Pepsi Foods Ltd's case the impugned order dated 10th March 2012 appears to be not in consonance with law. In order to meet out the justice to the parties, it is deemed appropriate to dispose of the writ petition in the following manner:- 1. The order dated 10th March 2012 would not survive and shall not be acted upon and the warrants issued shall be returned unexecuted. 2. Ld Magistrate to re-consider the whole issue in the light of the observations made in this order and after applying its judicial mind to the entire-conspectus of the case to pass appropriate orders in accordance with law either for issuance of process or for dismissal of the complaint. 14. 2. Ld Magistrate to re-consider the whole issue in the light of the observations made in this order and after applying its judicial mind to the entire-conspectus of the case to pass appropriate orders in accordance with law either for issuance of process or for dismissal of the complaint. 14. It is made clear that the person against whom the complaint is filed has no right to appear and argue the case before the Id Magistrate at the time the Id Magistrate would reconsider the case for issuance of process or otherwise.