SURYA T.V. HEAVENLY PLAZA, VAZHAKKALA, ERNAKULAM KOCHI Vs. THYAGARAJAN, S/O.GOPALAN, DEEPTHY, KADAIKODE P.O. KAREEPRA, KOTTARAKARA

JUDGEMENT

(1.) The petitioner, who is the 3rd accused in C.C.No.300/11 on the file of the court of Judicial First Class Magistrate-I, Kottarakara, approached this Court under section 482 of Crimial P.C. with a prayer to quash Annexure-A1 complaint filed against the petitioner in the above calendar case.

(2.) Annexure-A1 complaint is filed at the instance of 1st respondent herein alleging offences punishable under sections 499 and 500 Penal Code against the accused 4 in numbers including the petitioner herein, which is the 3rd accused. I have gone through Annexure-A1 complaint. The complainant therein, at the time of the alleged incident was the President of Kareepra Grama panchayat. The allegation is that, accused nos.1 and 2, by furnishing false information, had influenced accused nos.3 and 4, the Managing Directors of different T.V. Channels, and thereby they published defamatory news against the complainant which adversely affected the reputation of the complainant. According to the complainant, the news was telecasted in the Surya T.V. on 29.7.2010 at 6 p.m., 10.30 p.m. and thereafter at 7 a.m., 1 p.m., 6 p.m. and at 10.30 p.m. on 30.4.2010, on the basis of the false information furnished by A1 and A2, and it was published without conducting any enquiry. In paragraph 3 of the complaint, the defamatory statement, which according to the complainant was sufficient to adversely affect his reputation among the public, has been extracted and quoted by him. So, according to the complainant, the said act of the accused, including the petitioner herein which is the 3rd accused therein, lowered the reputation of the de facto complainant among general public who honoured and loved him. Thus, according to the complainant, the accused has committed the offences punishable under sections 499 and 500 of IPC. On receiving the complaint, C.C.No.300/11 has been instituted in the trial court and on receiving the summons, the petitioner herein appeared in the said court. Thereafter, moved the present application to quash Annexure-A1 complaint.

(3.) Heard Adv. Sri. Nagaraj Narayanan, the learned counsel appearing for the petitioner and Adv. Sri. M.K. Chandramohan Das, the learned counsel appearing for the 1st respondent/complainant.