MATHRUBHOOMI ILLUSTRATED WEEKLY Vs. GOPALANKUTTY

JUDGEMENT

(1.) This Crl.M.C has been filed by the accused in C.C No.931 of 2013 on the file of Additional Chief Judicial Magistrate (Economic Offences) Court, Ernakulam, to quash the entire proceedings in that case, which was initiated on a private complaint filed by the 1st respondent, who is the State Secretary of the Rashtriya Swayamsevak Sangh (RSS), alleging offences punishable under Ss. 120B, 153A, 500 read with Sec. 34 of IPC.

(2.) The 1st respondent filed Annexure-I complaint alleging that the article written by A8, translated by A9 and published by 1st accused Mathrubhoomi weekly contained imputations, which were defamatory and misleading, lowering the reputation of RSS in the public. Moreover, the article published was capable of promoting enmity between different groups on the grounds of religion, prejudicial to communal harmony. The complaint was filed against nine persons including Mathrubhoomi Illustrated Weekly, its printer, publisher, editor etc.

(3.) Learned ACJM (EO), Ernakulam conducted an enquiry and took cognizance of the offences punishable under Ss. 500 and 501 against R2 to R9, and took cognizance of the offence punishable under Sec. 502 IPC also, against R2. Since the 1st accused-Mathrubhoomi Illustrated Weekly was not a legal entity, it was not arrayed as an accused. During enquiry no offence was made out against the accused under Sec. 120B and 153A of IPC and so, no cognizance was taken for those offences. So, only against R2 to R9, summons was ordered arraying them as A1 to A8, taking cognizance of the offences punishable under Ss. 500, 501 and 502 of IPC.