STATE OF KERLA Vs. CENTRAL POLLUTION CONTROL BOARD

JUDGEMENT

(1.) A private complaint was submitted alleging offence punishable under Sections 499 and 500 of IPC against the accused Nos. 1 to 9. During the pendency of the complaint the accused No.2 passed away. The accused Nos.3 to 9 came up to quash the complaint and further proceedings thereof in CC.No.933/2015 of the Judicial First Class Magistrate Court - III, Calicut. It is based on a publication of a news item in a newspaper, which is extracted below for reference: ....[VERNACULAR TEXT OMMITED]....

(2.) Going by the said news item, it is clear that what is reported is with respect to the revelation made by Retired S.P., one C.M. Pradip Kumar, in a news channel, wherein he had disclosed the visit of one Mohammed Fahad, a Pakistan citizen, just before the Marrad Massacre and the funding alleged to have been made in connection with the said Massacre. It is stated that during the investigation pertaining to the source of money and funding connected with the Marrad Massacre, the close relationship between the abovesaid Fahad and the defacto complainant came to his notice. It is also revealed by him that the defacto complainant made a proscriptive reply that he lost his mobile phone while taking a bath in the sea and somebody has taken away and used it to contact with the abovesaid Mohammed Fahad. Against the said news item the defacto complainant came up with a private complaint alleging the offence under Sections 499 and 500 IPC against accused Nos. 1 to 9.

(3.) The said news item published by accused Nos.2 to 9 is a true version of what is stated by a retired S.P., regarding the source of money and funding in connection with the Marrad Massacre. It contains a revelation that the mobile phone belonged to the defacto complainant used for contacting with the abovesaid Pakistan citizen Mohammed Fahad.