SASIKUMAR B MENON Vs. S VIJAYAN

JUDGEMENT

(1.) A complaint was filed by the first respondent against the petitioner and three others alleging offence punishable under Section 500 read with Section 34, I.P.C. which was taken on file by the Additional Chief Judicial Magistrate's Court, Ernakulam as C.C.No. 732 of 1996 and process was issued to the accused. The petitioner who is the first accused prays for quashing the proceedings pending against him.

(2.) Petitioner is the President of Asianet Communications Limited which is a company incorporated under the Companies Act. The allegations in the complaint, a copy of which is Annexure I, are briefly shown below :

(3.) The complainant is employed as the Regional Superintendent, Narcotic Control Bureau, Trivandrum, He was previously working as Special Branch, Inspector, Trivandrum City. At that time, one Mariyam Rasheeda, a Maladives national was found staying in India even after the date of expiry of her visa and hence, Crime No. 225 of 1996 of Vanchiyoor Police Station was registered against her under the Foreigners Act and Rules. Thereafter Crime No. 246 of 1996 was reigstered by the Vanchiyoor police under Sections 3 and 4 of the Official Secrets Act. Subsequently, a special team headed by Mr. Siby Mathew, D.I.G. of Police, conducted investigation in the above mentioned cases. Later, investigation was taken over by the Central Bureau of Investigation who after completing the investigation, filed a refer report on the ground that none of the offences alleged against the accused were revealed during investigation. Before the filing of the refer report by the Central Bureau of Investigation, the first accused conducted an interview of accused 2 to 4 and broadcasted the same through the cable T. V. Network of Asianet in which it is alleged that accused 2 to 4 made defamatory imputations with the deliberate intention of harming the reputation of the Kerala Police including the complainant. The first accused broadcasted the interview without ascertaining the truth of the imputations from the complainant. The imputations made by accused 2 to 4 and broadcasted by the first accused which are alleged to be defamatory are extracted hereunder :