R KRISHNAMOORTHY Vs. T AMBROSE

JUDGEMENT

(1.) THE petitioners are accused Nos.1 to 3 in STC No.1149 of 1995 on the file of Judicial Magistrate No.III, Coimbatore.

(2.) THE respondent herein is the complainant in the case and according to him, on 19.5.1994 a news item was published in the petitioners" News Paper "Dina Malar", Coimbatore Edition, regarding outraging the modesty of a woman and the complainant had sustained legal injury. THE complainant lodged a private complaint against the petitioners herein under Section 500 read with section 109 of I.P.C. and it was taken on file as STC No.1149 of 1995 by the Judicial Magistrate No.III, Coimbatore. THE petitioners herein preferred a petition under Section 205 of Cr.P.C. stating their inability to appear before the trial court on all hearings in Crl.M.P.No.6268 of 1995 and the learned Judicial Magistrate allowed the said petition on 3.9.1996. Subsequently, at the time of questioning under Section 313 of Cr.P.C., the petitioners/accused had filed a petition in Crl.M.P.No.696 of 1999 to permit their counsel to answer the questions on their behalf. THE Judicial Magistrate dismissed the same on 23.7.1999 directing the petitioners herein to appear in the court to answer questions under Section 313 of Cr.P.C. Aggrieved by that, the petitioners have filed this petition to set aside the same.

(3.) IN the result, the petition is allowed and the order passed by the learned Judicial Magistrate No.III, Coimbatore is set aside and the learned Magistrate is directed to proceed further in the matter by dispensing with the examination of the petitioners under section 313(1)(b) of the Code.