LAWS(KAR)-2015-9-123

GANGADHAR HIREGUTTI AND ORS. Vs. ISHWAR

Decided On September 30, 2015
Gangadhar Hiregutti And Ors. Appellant
V/S
ISHWAR Respondents

JUDGEMENT

(1.) BY order dated 13.02.2015 in C.C. No. 80/2015, JMFC Bhatkal took cognizance and issued process against the petitioners and one Ganapathi Naik for the offences punishable under Sections 499, 500 and 501 of IPC on the basis of complaint lodged by the respondent -Ishwar. To quash the proceedings initiated against them, the petitioners have filed this criminal petition under Section 482 of Cr.P.C.

(2.) THE facts in a nutshell which gave rise to this petition are that the petitioner Nos. 1 to 3 being proprietor, printer and reporter of Karavali Munjavu, Kannada Daily newspaper, published a news item in their newspaper dated 08.07.2014 under the caption:

(3.) ACCORDING to the complainant, the news item had been published without verifying its correctness, it was totally false, baseless. It has tarnished the image and reputation of the complainant in the eyes of public at large. Annoyed by the publication of the news item, he filed a private complaint against the petitioner Nos. 1 to 3 and one Ganapati J. Naik for the offences punishable under Sections 499, 500 and 501 of IPC before the JMFC, Bhatkal. The learned Magistrate after recording the sworn statement of the respondent/complainant and his witnesses, passed an order taking cognizance of the offences punishable under Sections 499, 500 and 501 of IPC against the petitioners and Ganapati J. Naik. The Court also ordered for the issue of process against them. To quash the proceedings initiated against the petitioners, this criminal petition is filed.