JOHN BRITTAS Vs. BABU K.

JUDGEMENT

(1.) The Managing Director of a company which owns a television channel has filed this application under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Code') for quashing the criminal prosecution initiated against him for committing the offences punishable under Sections 500,501 and 502 of the Indian Penal Code.

(2.) The petitioner is the fourth accused in the case S.T.No.29/2016 pending in the Court of the Chief Judicial Magistrate, Thiruvananthapuram.

(3.) The aforesaid case is one instituted upon the complaint filed by the first respondent (hereinafter referred to also as 'the complainant') against nine persons including the petitioner. The material averments in the complaint are as follows: The complainant was the Additional Sub Inspector of the Pathanamthitta Police Station. On 16.03.2015, when he was checking vehicles at the M.L.A Road at Chemmannur, he stopped the motor cycle driven by the first accused. The second accused was the pillion rider of the motor cycle. The complainant directed the first accused to pay a fine of Rs.100/- for not wearing the helmet while riding the motor cycle. He paid the amount and received the receipt but a wordy altercation took place. The first and the second accused told the complainant that they were persons from a television channel and they threatened him. The second accused took video pictures of the complainant. On that day, at 13:30 hours, visuals of the complainant opening the zipper of his trouser in front of the first and the second accused were telecast in the Fox television channel with the caption "hero of the blue film". The complainant had not committed any such act. The telecast was repeated on several days in the aforesaid television channel with a view to defame the complainant.