PUBLIC TV Vs. BANNADI SOMANATH HEGDE

JUDGEMENT

(1.) The respondent has filed a private complaint u/s.200 of Cr.P.C. for the offence punishable under Ss. 499 and 500 of the Indian Penal ('IPC' for short) against the petitioners and other accused alleging that several media entities has spoken ill about the advocate's fraternity at large. The learned Magistrate after recording the sworn statement of the complainant took cognizance of the aforesaid offence and issued summons to the petitioners-accused among other accused. Taking exception to this, the petitioners have filed this petition.

(2.) Sri. M.S.Shyam Sundar, learned Senior counsel appearing for the petitioners submits that the petitioners are not aggrieved persons as defined under Sec. 499 of IPC, so as to maintain the complaint for the offence punishable under Sec. 499 of IPC. In support, he has placed reliance on the decision of the Hon'ble Apex Court in the case of S.KHUSHBOO Vs. KANNIAMMAL AND ANOTHER reported in AIR (SC)-2010-0-3196. He further submits that the petitioners-accused Nos.9 and 10 are media entities, however, summons have been issued against individuals and the same is impermissible.

(3.) The respondent-complainant though served with notice has remained absent.