DURAIPANDI NADAR Vs. DHANARAJ

JUDGEMENT

(1.) Heard the learned counsel on either side.

(2.) The revision petitioner Thiru.Duraipandi Nadar is the complainant in S.T.C.No.1898 of 2014 on the file of the Judicial Magistrate, Sathankulam. The respondents herein were shown as accused in the said case.

(3.) The case of the complainant is that the respondents have defamed him. That is why he filed a complaint under Section 500 of I.P.C. Summons were issued to the accused and the complainant was examined as P.W.I. Thereafter, the learned trial Magistrate passed the order dated 06.11.2015 discharging the accused under Section 245(1) of Cr.P.C. The same is put to challenge in this revision case. As rightly pointed out by the learned counsel appearing for the revision petitioner, the case on hand being a private complaint treated as summon case, the question of discharging the accused after the issuance of summons does not arise at all. He drew my attention to the decision of the Hon'ble Supreme Court reported in AIR 2004 SC4674 (Adalat Prasad V. Rooplal Jindal). The Hon'ble Supreme Court in the said decision overruling the earlier case reported in 1992 1 SCC (K.M.Mathew V. State of Kerala and Another) held as follows:-