M. GNANAM @ GANANASEKARAN Vs. T.R. MASILAMANI

JUDGEMENT

(1.) THE petitioner herein was accused 2 in C.C. No. 33500'f 1986 on the file of the Sub Divisional Judicial Magistrate's Court, Poonamallce, on a complaint lodged by the respondent herein for alleged offences under Sections 500, 501 and 502 of the Indian Penal Code and under Section 12 of the Press and Registration of Books Act 1867 (for short 'the Act') as against nine persons arraying them as accused 1 to 9.

(2.) THE respondent -complaint is the elected Chairman of the Panchayat Union, Poonamallee Accused 2 was likewise an elected Vice -Chiarman of the said Panchayat Union. The respondent -complainant and accused 2, it is said, be longed to rival political parties. Accused 1 and 3 to 6, it is said, belonged to the same political party to which accused 2 belongs. Accused 7 to 9 are stated to be the sympathisers of the party to which accused 2 belongs. This apart, accused 7 and 8, it is said, are the editors while accused 9 is the publisher of the magazine going by the name "Neethiyin Kural".

(3.) THE article, in pith and substance, it is said, had been written and published in such a way that the respondent -complainant was revelling in corrupt practices, in the sense of receiving illegal gratification for anything he does in the discharge of his duties as the Chairman of the said Panchayat Union. The respondent -complainant, feeling that the publication of such an article brought down his reputation in the estimation of the public, launched the aforesaid prosecution.