GOPAL AND NAKKHEERAN GOPAL Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This criminal original petition has been filed to call for records in PRC No.68 of 2019 on the file of the II Metropolitan Magistrate, Egmore relating to Crime No.212 of 2018 on the file of the first respondent police and quash the same.

(2.) The case of the prosecution is that the first petitioner(A1) is an Investigative Journalist editing, printing and publishing the tamil magazine "Nakkheeran". The second and third petitioners (A2 & A3) are Chief Special Reporters. The fourth petitioner (A4) is Joint publisher of the said magazine. The fifth petitioner (A5) is Chief Special Reporter of the said magazine. The accused persons A1 to A5 have entered into criminal conspiracy and published fake and derogatory news in the Nakkheeran magazine issues dtd. 20/4/2018, 2/4/2018 and 26/9/2018 about His Excellency, the Governor of Tamil Nadu with an intention to prevent him from exercising his lawful powers and duties and the same amounts to overawing the Governor of Tamil Nadu, hence, prosecuted the accused for the offences punishable under Ss. 124, 120-B, 505 (i)(b), 506(i) r/w 34 IPC.

(3.) The learned counsel appearing for the petitioners contended that in the comprehensive article, covering 9 pages, the petitioners have reported the opinions and statements made by various persons, who are one way or other connected to the activities of Professor Nirmala Devi and the University. Public opinion was also reported and the relevant parts are: