R VENKATAPATHY Vs. SUN TV NETWORK LTD

JUDGEMENT

(1.) THE petition is filed seeking to quash the criminal proceedings as against the petitioner ranked as fourth accused in C.C.No.7707 of 2007 on the file of the learned XVII Metropolitan Magistrate, Saidapet, Chennai.

(2.) THE petitioner ranked as fourth accused in C.C.No.7707 of 2007 is a Partner of the daily Tamil Newspaper viz., Dina Malar. THE complainant Sun TV Network Limited laid a complaint as against the Publisher, Editor and Partners of Dinamalar Tamil Daily Newspaper for the alleged defamatory article published in the Dinamalar Daily dated 30.9.2007.

(3.) THE complainant filed a counter stating that the news item published in Dina Malar dated 30.9.2007 clearly indicates that the petitioner/accused had published a defamatory item against the complainant. Similar petition was also filed by the other two accused in Crl.O.P.No.33138 of 2007 before this court and the same was dismissed holding that the Company was a person as defined under section 499 of the Code of Criminal Procedure. THE complaint would read that the accused had knowledge of publication of the alleged defamatory matters and that they were also responsible for such publication. THErefore, the question of quashing the proceedings does not arise.