KALYANAM Vs. RAMESH

JUDGEMENT

(1.) Kalyanam, who worked as Private Secretary to Mahatma Gandhi, the Father of our Nation, for about four years, having aggrieved over the issuance of process against him in the private complaint filed by one Ramesh under Section 500 I.P.C., has approached this Court through this petition under Section 482 Cr.P.C. seeking for quashing of the above said proceedings.

(2.) The respondent filed a complaint against the petitioner and the Editor of The New Indian Express under Section 500 I.P.C. stating that The New Indian Express published an article carrying the title as "Mahatma's Secretary seeks peace" at the instance of the first accused Kalyanam containing the imputation indicating that the Mahatma's Secretary is struggling for peace from the hands of the hands of the complainant and since the said article containing the imputation published in The New Indian Express dated 13.4.2000 would harm the reputation of the complainant, both the accused are liable to be punished for the offence of defamation under Section 500 I.P.C.

(3.) This private complaint was taken on file on 19.10.2000 after recording sworn statement from the complainant and the process was issued to both Kalyanam (A1), the petitioner, and the Editor of The New Indian Express (A2). In the sworn statement, the complainant stated that on 13.4.2000, The New Indian Express published an article captioned as "Mahatma's Secretary seeks peace" containing imputation to harm the reputation of the complainant, who is the member of several Clubs, and his wife and the publication was made at the instigation of A1.