P G VARGHESE Vs. C K KUMARASAMY

JUDGEMENT

(1.) BOTH the above revisions filed under Secs. 397 and 401 of the Criminal Procedure Code are directed against the respective orders by learned Metropolitan Magistrate, Madras in C. M. P. No. 893 of 1982 in C. C. No. 8821 of 1983 and C. M. P. No. 23 of 1989 in C. C. No. 8817 of 1984. BOTH criminal miscellaneous petitions filed under Sec. 256 of Criminal Procedure Code praying for the acquittal of the accused in both the cases on the ground that the complainant in both the cases is one and the same viz. , the Registrar of the madras University and since he has admitted his office on 15. 21984, during the pendency of the said case before the trial court, he has filed the respective complaints in his individual capacity without and that authorisation or approved from the Madras University and his appearance is all the subsequent hearings after his retirement even though were available is decreed to be about and that accordingly by virtue of Sec. 256 of the Criminal Procedure Code, the acquittal of the accused in both the cases were sought for. But however, on a consideration of the relief asked for in the said petitions, on the basis of the grounds urged therein, in the context of the objections raised on behalf of the respondent herein, learned trial Magistrate on appreciation of facts and law involved therein has not inclined to accept the case of the revision petitioners and as such he has rejected the relief asked for. Challenging the same, the present revisions are directed.

(2.) THE facts stated by the respondent herein which led to the prosecution are as follows: THE revision petitioners in both the cases being the editor, printer and publisher of the English News Daily by name "indian Express" by its edition dated 23. 9. 1983 have published the following news item: "yt- Now that the Chief Minister has been awarded an honorary Doctorate from the University of Madras, he should do his best to restore the now corrupt University to its old glory. THE accounts of the celebrations should be carefully checked first". THE above passage of news was extracted in para. 5 of the complaint given in C. C. No. 8817 of 1984 involved in Crl. R. C. No. 422 of 1989, similarly, in the same English Daily "indian Express" dated that 21st september 1983, at page 14 in para. 6, of the complaint, the following news was extracted in C. C. No. 8821 of 1983 involved in Crl. R. C. No. 422 of 1989 has been printed and published by the respondent accused. "the Madras University in a need of expan-siveness has conferred honorary doctorates on a number of well-known personalities. While the services of some of the "chosen" could be lauded, the reasons for so "honouring" some others are questionable to say the least. It is a shame that once the renowned University boosting of such students as C. Rajagopalachari, Alladi Krishnaswami Iyer, K. S. Krishnan, c. V. Raman, C. P. Ramasamy Iyer and a whole galaxy of intellectuals, today produces graduates who need to put in not an iota of effort to earn a degree. Indeed, considering the abysmally low standards and rampant administrative ills, coursing through its time-tested walls, it is debatable whether a doctor-ate or degree of the Madras University is worth anything. It is open house at the University today. Palm-power, not brain-power will get you the guilt-edged scroll. And if, by chance, some hard working individual gets through, more luck to him. Yes, after 126 years of disseminating knowledge, it is time to step and take stock. Editor. "

(3.) ONE cannot fail to take note of the individual capacity on a Registrar of Madras University, the respondent complainant has lodged criminal proceedings against the revision petitioners for the alleged offences under Sec. 498 read with Secs. 500 and 501 of the Indian Penal Code which were taken cognizance of, on the file, by learned trial Magistrate. In both the complaints, it is seen that the respondent by his name C. K. Kumarasamy, s/o. Late P. Karuppanna Mudaliar, residing at No. 17, Soundara Pandian Street, ashok Nagar, Madras-600 083, was the complainant as the Registrar of University of Madras and as such he has filed the said complaint. So also, the allegations made in para. 12 of the complaint in C. C. No. 8817 of 1984 at page 4 read as follows: ' The impugned defamatory article has been read by several of my friends and acquaintances a few of whom have been cited as witnesses hereunder. Because of the said news item, they have lost the good opinion and regard which they hitherto had for me and the Madras University .