SHOBHA KARANDLAJE Vs. POPULAR FRONT OF INDIA

JUDGEMENT

(1.) This petition under section 482 Cr.P.C. is directed against the order passed by learned LXXXI Addl. City Civil and Sessions Judge, Bengaluru dated 27.06.2019 in PCR No.30/2019 whereby the learned Sessions Judge and Special Court to deal with criminal cases related to elected MPs and MLAs in the State of Karnataka has taken cognizance of the offences under sections 500 , 505(1) b, 505(1) c and 505(2) of IPC and issued summons to the respondents therein to face trial for the above offences.

(2.) The brief facts necessary for consideration of the contentions urged by the petitioner are that the respondent herein filed a private complaint against the petitioner and others under section 190(1) (a) and 200 Cr.P.C. seeking their prosecution for the offences under section 500, 505(1) b and c and 505(2) of I.P.C.

(3.) In the complaint, it is alleged that with a diabolic intention to defame the respondent- M/s. Popular Front of India, the petitioner herein alleged that the respondent/complainant received money from Mansoor Khan, Director of IMA company who is accused of cheating many investors around Karnataka through a ponzi scheme. Further, it is alleged that in the media byte of accused No.1, the petitioner categorically labelled the respondent as a 'terrorist organization' without any evidence, only to malign the name of the respondent in public domain and with a sole intention to tarnish the image of the respondent, its leaders and members. Further case of the complainant is that the statements made by the petitioner were aired by accused Nos.2 and 3-the new channels referring the respondent as a "terrorist organization". In the complaint, the alleged defamatory imputations made by the petitioner were extracted and the CD containing the defamatory contents were produced alongwith the original authorization letter and copy of the certificate.