JOHN THOMAS EDITOR AND PUBLISHER THE MADRAS TIMES MADRAS Vs. K JAGADEESAN DIRECTOR K J HOSPITAL MADRAS

JUDGEMENT

(1.) THE accused in C.C.No. 5357 of 1991 on the file of the Vth Metropolitsan Magistrate, Egmore, Madras, has filed this petition under Sec.482 of the Criminal Procedure Code praying to call for the records in the above case and to quash the same.

(2.) THE respondent has filed the private complaint against the petitioner for an offence punishable under Sec.500 of the Indian Penal Code. THE allegations in it are briefly as follows: THE accused is the Editor and Publisher of the "Madras Times", having its office at No. 166, Peters Road, Madras. THE complainant is a distinguished surgeon. He is running a hospital under the name and style "K.J. Hospital at 927, Poonamallee High Road, Madras-84". One Mr. Sampath was admitted in K.J. Hospital on 26.6.1990 after treatment he was discharged on 6.8.1990. But again he was readmitted. After treatment he was discharged on 1.9.1990 and on 24.9.1990 he was readmitted, for diabetes mellitus, diabetic nephropathy, diabetic retinopathy, nephropathy and chronic renal failure requiring renal transplantation for his survival and he was treated for diabetic gangreno of his left foot and he was prepared for renal transplantation. His son and brother-in-law brought one Ravindran and three other persons stating that they were their relatives and that they wished to offer their kidney to Mr.Sampath. After conducting various tests on all these persons, Ravindran was identified as a suitable donor. On 13.3.1991, the renal transplantation operation was conducted in K.J. Hospital, but unfortunately the said Ravindran, the donor passed away on 14.3.1991 due to post-operative coagulation failure and cardio-respiratory arrest. A complaint was given to G-3 police station on 14.3.1991 and a case was registered. THEreafter the recipient also died due to post-operative hepatorenal syndrome and multi-organ failure on 19.3.1991.THE accused chose to sensationalise this matter in his newspaper THE Madras Times"issued dated 21.3.1991.THE defamatory statements made in the newspaper are extracted in the complaint. THE matter published by the accused is widely published in Tamilnadu. Hence the complaint.

(3.) PER contra, Mr.R. Shanmugha Sundaram, learned counsel for the respondent could submit that the provisions of Sec. 200 of Indian Penal Code were satisfied in this case and that the ingredients for an offence under Sec.499 of Indian Penal Code do not necessarily call for the examination of a third party to speak to such reputation of the complainant being hurt.