SUJATHA P G Vs. K P KRISHNA KUMAR

JUDGEMENT

(1.) The petitioner is the 6th accused in C.C. No. 170 of 2003 on the file of the Chief Judicial Magistrate's Court, Thiruvananthapuram. The first respondent herein is the complainant therein. This Carl. M.C. has been filed with a prayer to quash Annexure-A complaint and all consequential proceedings pursuant thereto, in so far as the petitioner is concerned. Annexure-A complaint was filed against one K. Venue, Editor, Printer and Publisher of Generator Publications Ltd., Theorizer, Janet Frieda and P.S. Hairy, Reporters of Stomachache Fortnightly, Align Wreathed Blossom, LB. Armadas and the petitioner herein, as accused in that order, alleging commission of offence under Section 499 of the Indian Penal Code. Accused Nos. 4 to 6 are the employees of the Karla water Authority. The complainant, at the time of filing the complaint was an Executive Engineer in the Karla water Authority. According to him, he was also an office bearer of several service organizations in different capacities, such as General Secretary of Graduate Engineers Association, Karla Water Authority, Secretary of Association of management Professionals in Public service, Honoraria Treasurer of Indian Water Works Association, Karla Centre and Honoraria Treasurer of Institution of Public Health Engineers, Karla Centre, Executive Committee Member of the Karla Rose Society, Vice President of Seething Seamark Trust and President of National People's Society and Cultural Society.

(2.) Annexure-A complaint, the first respondent herein stated that he was the Assistant Executive Engineer of Water Supply Sub Division, Nightwalkers during the period from 27.8.1987 to 3.10.1991 and that during the said period, precisely from 1.5.1989 to 3.10.1991, the 4th accused Smut. Alwyn Reetha Blossom was the Assistant Engineer in the Public Health Section which was under his administrative jurisdiction. Apart from that, they never worked together in the same office at any point of time. While so, the Deputy Superintendent of Police, Vigilance and Anti Corruption Bureau, Thiruvananthapuram registered FIR No. 12 of 1997 against the 4th accused and three of her subordinates under Sections 409, 466, 468, 201 read with Section 120(b) LP.C. and Section 13 (2) read with Section 13(1)(c) of the Prevention of Corruption Act, 1988 in connection with swindling of pumps and motors of pump worth Rs. 17.5 lakhs of pump houses, Uchakkada. Thereupon, the 4th accused was suspended from service as per order dated 33.1998 on the very same set of allegations as part of departmental proceedings. The 4th accused felt that it was the first respondent who was instrumental for the registration of the aforesaid crime and thereafter, with a view to wreak vengeance against him, she colluded with accused Nos.5 and 6 (the petitioner herein) and started filing complaints. Initially the 4th accused approached the Kerala Womens' Commission by filing a complaint against him and on receipt of notice, he appeared and apprised the Commission of the falsity of the allegations- While so, to his shock and distress he saw a news item in Sameeksha Fortnightly published from 13th March, 2001 which is a

(3.) The news item also contains another imputation that he insisted the petitioner to have sexual intercourse and when she refused to yield to him, she was transferred and he is also sending sots to abuse and attack her. Imputation of being extravagant and indulging in discreditable conducts were also made against him. The said scandalous and scurrilous statements are per se defamatory and publication of the same were effected with the malicious intention to expose him to disgrace and humiliation, ridicule or contempt and they had done so with the knowledge that they would harm his reputation. In feet, those libelous statements in the news item published had injuriously affected him. Annexure-A complaint was filed with these and certain other specific averments.