R GOPALAN NAIR Vs. STATE

JUDGEMENT

(1.) Can a complainant claim to be examined on Commission? Does he cease to be a complainant when a court takes cognizance of the case and has he to be treated merely as a witness entitled to the protection under S.284 of the Criminal P.C.?

(2.) Defamation can be the subject of a civil action. It can also set the criminal law in motion. The petitioner preferred the criminal process and filed a complaint alleging that the accused has committed an offence under S.500 read with S.34, I.P.C. The Court has taken cognizance of the case and issued notice to the accused. The accused has entered appearance.

(3.) But then, the complainant does not want to appear in court. And he has his reasons. He is old, at 85 years of age and infirm to move out of the house. He, therefore, prays that he be examined on commission in his house.