LEELAMMA THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) Dissatisfied complainant in C.M.P. No. 30/14 on the file of the Judicial First Class Magistrate Court, Ramankary is the revision petitioner herein.

(2.) The revision petitioner filed the above complaint against respondents 2 to 5 alleging that their act amounts to defamation under Section 499 punishable under Section 500 of Indian Penal Code.

(3.) It is alleged in the complaint that on 19.10.2013, her paternal aunt (complainant's father's brother's wife) by name Rosamma Kunjeria died. The third accused who is the son of Rosamma Kunjeria and 4th accused is his wife. In the obituary column of Malayala Manorama of which the second respondent is the publisher, Third respondent is the Chief Editor, published the photograph of the sister in law of the complainant by name Aleykutty Jacob showing it as photograph of Rosamma Kunjeria containing details of deceased Rosamma Kunjeria relates to the deceased Aleykutty Jacob. In fact, Aleykutty Jacob died long ago without issues. The description under the photograph shows that, she was having children and grand children and also having son in law and daughter in laws. This has been caused insult to the family members of the complainant who belong to a well known family by name Kannadi Prayilkalam Valiyathara Family in that area. So, she filed a complaint under Section 200 of Code of Criminal Procedure. The complainant and two witnesses were examined and after conducting enquiry under Section 202 of Code of Criminal Procedure, the learned magistrate dismissed the complaint under Section 203 of Code of Criminal Procedure on the ground that, there is no to prima facie case made out to proceed against the accused as there is no willful intention or malice on the part of the accused in making the publication which is being challenged by the revision petitioner by filing this revision petition.