M. CHOKKALINGAM Vs. A.P. MANI AND ORS.

JUDGEMENT

(1.) Material on record discloses that the petitioner has preferred a complaint against the respondents under Sec. 200 Cr.P.C., alleging that they have committed offences under Ss. 499 and 500 IPC. In his complaint, he has stated that he is a member of a political party. A news item was published in a daily edition dated 07.07.2013, wherein accused No. 1, is stated to have given a reply, which reads as follows:

(2.) Material on record further discloses that the petitioner was examined on 27.08.2013 by the learned Judicial Magistrate No. V, Salem. Apart from examining himself as PW 1, 8 witnesses have been examined by him. After considering the averments in the complaint and the statements of witnesses, on oath, vide order dated 06.12.2013, the learned Judicial Magistrate No. V, Salem, came to the conclusion that the petitioner did not make out a case to proceed further and accordingly, dismissed the complaint under Sec. 203 Cr.P.C.

(3.) Assailing the correctness of the order, Mr. P. Jagadeesan, learned counsel for the petitioner submitted that the Court below has failed to consider that witnesses 2 to 9, examined on behalf of the petitioner have categorically spoken about the disrepute caused to the petitioner and therefore, the Court below ought to have taken cognizance of the offences and consequently, issued summons to the respondents. Learned counsel for the petitioner further submitted that when the complaint disclosed cognizable offences, the Court below ought to have issued summons to the respondents. Placing reliance on the decision of this Court in Mukesh Jain, S/O. Prem Chand v/s. Balachandar, reported in : 2005 -2 -L.W. (Crl.) 558 : : 2005 (2) MWN (Cr.) 15 DCC, Mr. P. Jagadeesan, learned counsel for the petitioner further submitted that if both the complaint dated 13.08.2013 and the sworn statement of the petitioner, dated 27.08.2013, if read conjointly, then the same, would make out a prima facie case and in such circumstances, the Court below ought to have issued summons to the respondents for the offences under Ss. 499 and 500 IPC.