S GANESHAN Vs. V DEVENDRAN

JUDGEMENT

(1.) THE petitioner in Crl.O.P.(MD)No.8228 of 2007 is the first accused and the petitioner in Crl.O.P.(MD)No.8064 of 2007 is the second accused in C.C.No.311 of 2007 on the file of the learned Judicial Magistrate No.2, Srivilliputtur.

(2.) THE respondent, V.Devendran is the complainant. THE offences said to have been committed by these petitioners are punishable under Sections 500 and 504 IPC. THE petitioners have come forward with these petitions to quash the said proceedings.

(3.) IN my considered opinion, an instruction by a party to a counsel is protected as a privileged communication under Section 126 of the INdian Evidence Act. The 2nd accused, who is a practicing advocate, has after all issued the public notice on the instructions of the party. At no stretch of imagination, it can be said that he has committed the act of defamation. Therefore, I have no hesitation at all to hold that the complaint as against the second accused is not at all maintainable and therefore, the impugned proceedings is liable to be quashed.