B BASAVALINGAPPA Vs. V NARASIMHAN

JUDGEMENT

(1.) This petition is directed against the order of the Judicial Magistrate, First Class (II Court), Civil Station, Bangalore, in CC.821 of 1972.

(2.) The facts that have given rise to this petition briefly stated are as follows: The complainant was a contractor under the Air Officer Commanding, Air Force Station, Jalahalli. The contract was to purchase the swill (garbage) from the canteen. One of the terms of the contract was that the swill should not be sold for human consumption. Accused 1 is the Minister for Municipal Administration and Housing in the Government of Mysore, while accused 2 is the Manager of the Prsss Trust of India Ltd. On 11-7-1972 the first accused visited Jalahalli West, in particular Kathan Jopadi village, in the company of the Corporation Commissioner and two Air Force Officers. During the course of his visit as a Minister he is alleged to have said that garbage from the Air Force mess meant for pigs was being sold to the villagers. The defamatory statement alleged to have been made by the first accused was published in the News Papers as follows:

(3.) The second accused appears to have passed on this statement as a news item, which was published in the News Papers 'The Hindu', 'The Indian Express', The Deccan Herald' and 'The Prajavani' on 12-7-1972. On 27-7-1972 the complainant filed a complaint against the two accused alleging that they had committed an offence under S.500 IPC. The learned Magistrate took cognizance of the complaint under S.500 IPC. and passed the following order: