MURUGAN Vs. SUBRAMANIA SWAMY

JUDGEMENT

(1.) The petitioner has come forward with this application for setting aside the impugned order passed in R.C.No.1 of 2009 by the learned Additional Sessions Judge (F.T.C.No.1), Tuticorin, by confirming the order passed by the learned Judicial Magistrate No.1, Tuticorin in C.C.No.385 of 2008 by dismissing the private complaint filed by the respondent under Section 500 of I.P.C.

(2.) The learned counsel for the petitioner would submit that the question whether the petitioner has defamed the respondent is a question of fact and that can be decided only at the time of trial after letting evidence. But, both the Court had not considered the same. He has taken me to the paras 39 and 40 of the judgment rendered in Jeffrey J.Diermeier V. State of West Bengal, 2010 6 SCC 243 and prayed for allowing of the criminal original application.

(3.) He would further submit that as per Section 190(1)(a) of Cr.P.C. it is not only the duty of the Court to decide as to whether it is a fit case for quashing the proceedings, but also the Court has to decide as to whether any prima facie case is made out for taking cognizable of offence. But, the learned Judicial Magistrate exceeded his limit and dismissed the complaint. Hence, he prayed for setting aside the order.