P M KATHIRESAN Vs. SHANMUGHAM RETIRED CAPTAIN

JUDGEMENT

(1.) Taking cognizance of a private complaint, fled under Section 200 Criminal Procedure Code by the respondent herein, for the alleged offence under Section 500 of the Indian Penal Code, by the learned Judicial Magistrate No. 1, Madurai, is the subject matter of challenge in this proceedings instituted under Section 482 of Criminal Procedure Code, praying to quash the same on several grounds by the petitioner-accused.

(2.) The noting of the brief facts are extracted as hereunder :- A written complaint, dated 27-10-1987 by the revision petitioner herein was lodged with the Superintendent of Police, Madurai, allegedly containing certain defamatory remarks against the respondent herein, which was taken note of by the respondent herein sometime later and on coming to know of the same and aggrieved on finding it to be defamatory, he has filed the private complaint under Section 200 Criminal Procedure Code before the learned Judicial Magistrate No. 1, Madurai, against the petitioner herein for the offence under Section 500 Indian Penal Code, which after taking the sworn statement and certain procedural wrangle, the learned Magistrate entertained into file and issued process to the petitioner herein to appear before him for the purpose of trial. Aggrieved at this, the petitioner being an accused in the private complaint, has come forward with this petition under Section 482 of the Code of Criminal Procedure to quash the whole proceedings before the learned trial Magistrate.

(3.) For the purpose of appreciating the matter on hand in its proper perspective, I have extracted the alleged defamatory remarks given by the respondent in the complaint itself as hereunder :-