G. MUNINDRA KUMAR Vs. MOHAN KUMAR A.

JUDGEMENT

(1.) The respondent filed a private complaint under Sec. 200 of Cr.P.C., alleging that a programme was telecasted on the B- TV news channel making some derogatory statements against the respondent No.1 and in the said complaint, it was alleged that accused No.1 is the company, incorporated under the Company's Act, accused No.2 is the Managing Director, accused No.3 and other accused are the Directors of the company and anchors of the said programme and they are responsible for telecasting of the said programme which contained the derogatory statements against the respondent No.2.

(2.) The learned Magistrate after recording the sworn statement of the complainant and after perusing the documents marked in the sworn statement took cognizance of the offence punishable under Ss. 500 , 501 , 120(B) of IPC, against which the petitioners-accused are before this Court.

(3.) Learned counsel appearing for the petitioners- accused submits that the sworn statement does not discloses that the petitioners-accused have made derogatory statements against the complainant. He further submits that the accused No.2 ceased to be the Managing Director of the Company as on the date of the commission of the alleged offence and as such cognizance taken by the learned Magistrate against accused No.2 is impermissible. He further submits that accused No.3 is not involved in the day to day affairs of the company and is also not involved in the commission of the alleged offences. He further submits that even accepting the allegations made in the complaint, the same does not constitute any offence punishable under Ss. 500 and 501 of IPC and sought for quashing of the impugned proceedings.