JACOB MATHEW Vs. BALARAMAPURAM SURENDRAN

JUDGEMENT

(1.) The petitioner is the third accused in Annexure-A complaint in C.C.No.63 of 2011 on the file of the Judicial First Class Magistrate Court- III, Neyyattinkara. He is the printer and publisher of the Malayala Manorama Daily. He seeks to quash the complaint filed by the first respondent, who is the member of the State Committee of JSS on the allegation that the petitioner and others published Annexure-B news item in Malayala Manorama Daily containing defamatory statement. The first accused is the President of District Committee of JSS, Thiruvananthapuram and second accused is the Secretary thereof. The other accused are editor, printer and publisher of the Kerala Kaumudhi Daily.

(2.) The contention of the first respondent in Annexure-A is that first and second accused made the defamatory news item to the effect that he was removed from his party on the charges of anti party activities and financial irregularities. This news item was published on 25.3.2010 in Malayala Manorama Daily. According to him, the imputation made against him is utterly false and has no basis at all. It is stated that he has not committed any anti party activities nor been involved in any financial irregularities. It is contended that Annexure-B news item contains defamatory imputation and the petitioner published the same with the intention and knowledge that it would lower his reputation in the eyes of public. In short, his contention is that all the accused in furtherance of their common intention aimed at destroying his political image and prospect.

(3.) I heard the learned counsel for the petitioner as well as the learned Public Prosecutor. The first respondent is not represented.