K M MATHEW Vs. K A ABRAHAM

JUDGEMENT

(1.) Petition is to quash the proceedings in S.T. No. 1341/93 on the file of the Judicial Magistrate of First Class, Chengannur, including Annexure - A1 complaint.

(2.) The respondent had preferred a complaint dated May, 1992 against the petitioners alleging that by publishing the news item the petitioners have committed the offence of defamation punishable under S.500, 501 and 502 read with S.34 IPC. The complaint related to a news item published in the news paper dated 14.2.1992 wherein, according to the complainant, a publication under the caption "Fraud in Gulf", "complaint against a Malayalee", appeared as a news item. According to him, the publication had seriously infringed the reputation of the complainant and lowered his moral and intellectual character, causing considerable mental pain and agony to him and his family. When the complainant caused a notice calling upon the petitioners to make an unconditional apology, petitioners have expressed their inability to do so holding that the news item was published in the interest of the public. As against the complaint, petitioners have earlier moved the High Court in Crl.M.C. No. 2345 of 1993 under S.482 of the Cr.P.C. to quash it. This Court by order dated 13.12.1994 quashed the proceedings on the ground that the alleged imputations were not incorporated in the complaint and, therefore, the complaint was defective. On a Special Leave in Crl. Appeal No. 1726/96 dated 25.9.1996 the Hon'ble Supreme Court allowed the appeal holding that the news item is per se defamatory, and therefore, there is no need of incorporating selected pieces therefrom in the complaint separately and directed the Magistrate to proceed with the complaint. Thereafter the present Crl.M.C. is filed to quash the proceedings.

(3.) Learned counsel for the petitioners raised two points: (i) Annexure-A1 complaint is not maintainable against the Chief Editor and, therefore, the court below acted without jurisdiction in taking cognizance of the complaint against him, and (ii) the Judicial Magistrate of First Class, Chengannur has no territorial jurisdiction since the paper was printed and published at Kottayam.