R PALANISWAMY Vs. M RASU CHETTIAR

JUDGEMENT

(1.) THIS appeal has been preferred by the complainant against the order of acquittal of the respondents, by the District Magistrate, Thanjavur.

(2.) I have gone through the judgment of the learned District Magistrate and also the evidence, documents and other materials in this case and I do not find any compelling reason to interfere with the order of acquittal, especially when there is a dispute about the paternity, which could ultimately be settled by a competent Civil Court.

(3.) THE appellant filed a private complaint against the respondents alleging that though he was the son of the first respondent by his second wife, respondents 2 and 3 who are the sons-in-law of the first respondent, with the connivance of the first respondent had got printed and published an advertisement in the Tamil Daily Newspaper known as "malai Murasu", wherein the first respondent had repudiated the paternity of the appellant and his brothers and stated that they were the children of one V. Muthurasu Chettiar and that they were all pretenders. This publication was made on 9-9-1970 at the front page prominently. It is the case of the appellant that by publishing such an advertisement, the respondents had defamed him (the appellant) and his brothers. It was also alleged that respondents 2 and 3 with the connivance of the first respondent printed leaflets in the printing press of the fourth respondent repudiating the paternity of the appellant and his brothers, and distributed the leaflets. It is also averred in the complaint that this publication was made just on the eve of the celebration of the marriage of the brother of the appellant, Chandrahasan with one Selvi Mahalakshmi in Swami-nathaswami Temple at Swamimalai.