M KESAVA MENON EDITOR, MATHRUBHOOMI DAILY, MATHRUBHOOMI PRINTING & PUBLISHING COMPANY LTD , KOZHIKODE Vs. P. RAJU

JUDGEMENT

(1.) The petitioners are the editor and printer cum publisher of Mathrubhoomi Daily Newspaper published from Kozhikode. They are respectively third and the fourth accused in C.C.No.2060/2014 instituted on Annexure-1 private complaint before JFCM Court, North Parur, by the first respondent for commission of offences punishable under Sections 500 and 501 r/w Section 34 IPC. They seek to quash the complaint invoking the inherent power of this Court under Section 482 Cr.P.C.

(2.) The first accused in the complaint is the sitting MLA of Parur constituency. The first respondent was the former MLA of the same constituency. The allegation against the first accused is that he, with a view to replying to a criticism made against him, convened a press conference on 10.11.2012 at 10 AM, in which the petitioners and many from public participated and the first accused circulated a press release containing certain imputations against the first respondent.

(3.) The statement made in the press release, according to the first respondent, is humiliating and has lowered his reputation among the public. It contained an imputation that the first respondent always stood for the cause of the affluent and the abkari people acting as their loyal agent during his tenure as MLA. The first accused further claimed that if first respondent dared to criticise him who stands for the poor and the ordinary, the electorate will realise the truth in no unmistakable terms. He is also stated to have made a sarcastic remark that people also knew as to why and at whose complaint, the first respondent was expelled from the political party newspaper JANAYUGOM.