NAKKHEERAN PUBLICATIONS Vs. C.K.DHANDAPANI

JUDGEMENT

(1.) This Petition has been filed by the Accused 2 to 8 seeking to quash the private Complaint filed by the Respondent herein in C.C.No.656 of 2017 on the file of the learned Judicial Magistrate - 1, Tirupur for the offence of defamation.

(2.) Mr.P.T.Perumal, learned Counsel for the Petitioners submitted that the private Complaint was filed in the year 2014. However, as per diary entries, the Complaint has been numbered in the year 2017. There is no communication as to whether the learned Judicial Magistrate recorded the sworn statement of the Respondent/Complainant which is a mandatory provision under Sec. 200 Cr.P.C. Further, the learned Counsel for the Petitioners submits that the Petitioners herein, who are arrayed as Accused 1 to 8 in the private Complaint, are residents of Chennai and not residing within the territorial jurisdiction of learned Judicial Magistrate - I at Tirupur. There is no communication to show that the learned Judicial Magistrate had applied his/her mind and had applied with the requirements of Sec. 202 of Cr.P.C. It is seen that the Complaint had been filed by the Respondent/Complainant viz., Dhandapani, who claimed himself that he belongs to an Organization. The Prosecution for defamation has to be necessarily complied with the requirements of Sec. 199 of Cr.P.C., It can only be filed by a person aggrieved. The entire allegations contained in the publications is not against the Respondent/Complainant.

(3.) The learned Counsel for the Respondent vehemently objected to quash the private Complaint filed by the Respondent in C.C.No. 656 of 2017 on the file of the learned Judicial Magistrate - 1, Tirupur on the ground that what are all argued by the learned Counsel for the Petitioners are to be considered only during trial and not at this stage by exercising extraordinary powers under Sec. 482 of Cr.P.C.,