KALANITHI MARAN Vs. A.RATHINARAJ

JUDGEMENT

(1.) This criminal original petition has been filed under Section 482 of Cr.P.C., seeking to call for records relating to the proceedings in S.T.C.No.1172 of 2010 on the file of the Judicial Magistrate, Eraniel, Kanyakumari District and quash the same as against the petitioner.

(2.) It is averred in the petition that the petitioner is the Chairman-cum-Managing Director of Sun TV Network Limited, which owns and telecasts South Indian Satellite channels in India. The respondent filed a complaint before the Judicial Magistrate, Eraniel, pursuant to the programme, which is said to have been telecast on 06.03.2009 at about 10.00 p.m. and on 07.03.2009 at about 7.30 a.m., wherein, other accused viz., Tmt.Christhumani has given an interview about certain proceedings in C.C.No.5 of 2009 pending at Manavalakurichi Police Station. The complaint has been filed on the ground that the statement given by Tmt.Christhumani is false and consequently, the telecast is also defamatory.

(3.) The petitioner as Chairman-cum-Managing Director is only incharge of taking policy and important decisions of the company and he has no role to play in the telecast. There is a separate news department, which is responsible for taking a decision and as to what programme to be telecast and what programme not to be telecast. The complaint lodged is violative of Article 19(1)(a) of Constitution of India, which guarantees the freedom of speech and expression. There is no allegation in the complaint that this petitioner has acted with any malafide intention personally nor is there any allegation that the petitioner was in any manner involved in the telecast. The proceeding is nothing but an abuses of process of law. The alleged notice sent by the respondent/complainant was sent to wrong address. Therefore, the proceedings as against the petitioner are liable to quashed.