LAWS(KER)-2023-10-31

SANTHOSH P. Vs. SURAJ VENJARAMMOODU

Decided On October 06, 2023
Santhosh P. Appellant
V/S
Suraj Venjarammoodu Respondents

JUDGEMENT

(1.) The revision petitioner, who is the complainant in CMP No.3287/2018 of the Judicial First Class Magistrate's Court-II, Cherthala, is aggrieved by the order dtd. 13/5/2019 by which the Magistrate has dismissed his complaint under Sec. 203 Cr.P.C.

(2.) The complaint of the revision petitioner arises out of a program named 'Mimicry Mahamela' which is telecasted in Mazhavil Manorama TV Channel on 30/8/2018. The revision petitioner submits that respondents 1 to 5 committed offences punishable under Ss. 120B and 500 read with Sec. 34 IPC. The allegation is that the 1st respondent, who was the Captain of the program, promoted the staging of the program with the 5th respondent. Under the guise of mimicking the revision petitioner, the 5th respondent impersonated the petitioner and went on to portray the petitioner as a comic figure. The 1st respondent led the whole show and respondents 2 to 4 aided in the commission of the offence. The telecast of the show did lower the reputation of the revision petitioner in the eyes of general public.

(3.) Though the petitioner deposed the entire facts as narrated by him when he was examined by the court below, the court below arrived at a wrong conclusion. According to the petitioner, the real character of the petitioner is nowhere close to the one depicted by the 5th respondent. The character of the petitioner was shown like a clown. Had the 5th respondent just mimicked and uttered some film dialogues rendered by the petitioner, the petitioner would not have been aggrieved. The 5th respondent has, in fact, impersonated the petitioner. The act of respondents 1 to 5 has caused dishonour and disgrace to the petitioner. Respondents 1 to 5 therefore cannot be allowed to go scot free.