C M IBRAHIM Vs. TATA SONS LTD

JUDGEMENT

(1.) IN this petition the petitioner has prayed for quashing the entire proceedings in C. C. No. 11748/2004 pending on the file of Chief Metropolitan Magistrate at Bangalore.

(2.) THE respondent contends that on 24-3-2004 the petitioner held a press meeting at bangalore and made defamatory allegations against the respondent - Tata Sons Limited ('the Company' for short ). The allegations made by the petitioner came to be reported in the press on 25-3-2004 in two daily English newspapers, that is The Times of India and the Asian Age. The Times of India, in its edition reported as under :

(3.) THE respondent-Company on coming to know of these allegations made in the press, wrote a letter to the petitioner on 25-3-2004 seeking confirmation with regard to the statement attributed in the press and called upon the petitioner to tender an unconditional written apology to be published with equal prominence as the defamatory report in the news paper which carried the defamatory report. Since the petitioner failed to reply to the letter of the respondent-Company, they filed a private criminal complaint before the trial court in P. C. R. No. 5832/2004 under Section 200, Cr. P. C. for the offences punishable under sections 499 and 500, IPC. The trial Court by recording the sworn statement of the authorised representative of the respondent Company by name Sri. V. Hemachandar, had taken cognisance of the private complaint and registered the same in C. C. No. 11748/2004 and issued summons. Aggrieved by this order of the trial Court taking cognizance of the offence, the petitioner is before this Court under Section 482, Cr. P. C. seeking quashing of the entire proceedings before the trial Court.