P LANKESH Vs. H SHIVAPPA

JUDGEMENT

(1.) The first petitioner who is the printer, editor and publisher of a news magazine of Lankesh Patrike, in whose magazine an article containing alleged defamatory imputations against the respondent complainant written by the second petitioner is stated to have been published and the 2nd petitioner are being prosecuted by the respondent for an offence under Section 500 I.P.C. in the court of the J.M.F.C., Davanagere. The respondent lives in Davanagere and the Bhadra Sugar Factory, of which he is the chairrnan, is also located in Davanagere taluk. The alleged defamatory article refers mainly to the respondent's conduct as chairman of the said sugar factory.

(2.) The petitioner, by an application under Section 177 read with Section 179 Cr.P.C., contended that as the news magazine was admittedly printed and published at Bangalore the offence has been completed at Bangalore and the Court at Davanagere had no jurisdiction to try the case merely because the complainant resides there or that the article is read there. The respondent who had alleged in the complaint that the news magazine is widely read throughout the State, in his objections to the application filed by the petitioners clarified that the paper is circulated throughout the State and that even the edition containing the defamatory article was circulated at Devanagere.

(3.) The learned Magistrate after hearing both sides held that the court had jurisdiction as the defamatory article is stated to have been published in Davanagere by the circulation of the particular issue and also as the harm to the reputation of the complainant had occurred within the jurisdiction of that court.