BHARAT PRAKASHAN Vs. MOHAMMED BASHEER

JUDGEMENT

(1.) The petitioners are accused in C.C.No.443/2018 on the file of Judicial First Class Magistrate Court-III, Kozhikode. It is a prosecution initiated against the petitioners by the 1st respondent, alleging offences punishable under Ss. 499 and 500 of the Indian Penal Code. The 1strespondent is the General Secretary of an organization by the name "Popular Front of India", and he is representing the above society.

(2.) The gist of the allegation against the petitioners is that in the publication by the name "Organizer" dtd. 17/9/2017 an article was published stating that the 'Popular Front of India' is a new 'avatar' of banned SIMI. It is also stated that, it is a co-speakers by its nefarious presence in love jihad. It is also stated in the complaint that this society undertook Jammu and Kashmir terrorist recruitment in 2008, Bangalore Serial Blasts, Hand Chopping of Professor T.J.Joseph etc. The gist of the article is extracted in paragraph 7 of Annexure A complaint. Hence it is alleged that the same is defamatory to the 2nd respondent.

(3.) Heard the learned counsel for the petitioners and the 1strespondent. I also heard the learned Public Prosecutor.