S. RANGANATHAN Vs. RADHAKRISHNAN

JUDGEMENT

(1.) The petitions are to quash the complaints filed for the offence under Sec. 500 IPC by the persons aggrieved by the publications made by the accused in the March 2017 Edition of Tamil Magazine called "Sindhanai Murasu".

(2.) It is alleged in the complaints that the respondents in the above Criminal Original Petitions were defamed by the publications made in the said Magazine; that the petitioner was shown as a person in charge of the said Magazine. Broadly, the allegations in the complaints are that the Magazine had published an article, accusing the respondent in both the petitions herein of misappropriation of the funds of Sri Agastheeswarar Prasanna Venkatesaperumal Devasthanam (APVP) Trust in their capacity as permanent Trustees. The respondents, therefore, had filed separate complaints alleging defamation.

(3.) Mr. P.T.Perumal, the learned counsel for the petitioner, submitted that in the impugned complaints necessary ingredient for the offence under Sec. 500 IPC that the publication had lowered the moral or intellectual character of the respondent in the estimation of others has not been made. In order to satisfy whether the allegation constitutes the offence of defamation, the learned Magistrate has to conduct an inquiry under Sec. 202 Cr.P.C., in all cases of defamation. The learned counsel further submitted that, in any event, the petitioner is not the person who would be liable as he is not the Printer or Publisher or Editor found in the statutory declaration. There is no allegation that he was responsible for the selection of the article. The learned counsel relied upon the following Judgments in support of his submission:- <IMG>JUDGEMENT_139_LAWS(MAD)4_2023_1.jpg</IMG>