DR. KRISHNAMOORTHY AND OTHERS Vs. K. JAYAPAL

JUDGEMENT

(1.) The petitioners are accused 1 to 3 in C.C.No. 57 of 2012 on the file of the Judicial Magistrate No. 1, Ponneri. The respondent/complainant filed a private complaint under Section 200 Cr.P.C., 1973 before the Judicial Magistrate No. 1, Ponneri against the petitioners herein for the alleged offences punishable under Sections 153-A, 500, 501(ii), 502(ii), 503, 504 and 505 1 (C) and 2 IPC r/w 109 of IPC. The case of the respondent/complainant is that the petitioner/accused published in their Tamil Daily, Dinamalar dated 29.01.2012 misleading, false article titled

(2.) According to the respondent/complainant the said article was published with an intention to defame the complainant and his community people and their social status. The learned Judicial Magitrate took cognizance of the offences punishable under Sections 153-A, 500, 501(ii), 502(ii), 503, 504 and 505 1 (C) and 2 IPC r/w 109 of IPC against the petitioners herein and issued summons to them.

(3.) Mr. C.S. Dhanasekaran, learned counsel for the petitioners would contend that the said article would hurt the feelings of the said community and that in any event, immediately on the next day (i.e) on 30.01.2012, the petitioners expressed their regret over the publication of the article on 29.01.2012. He also would contend that the Magistrate has taken cognizance of all the offences punishable under Sections, even though there is an express bar under Section 196 Cr.P.C., 1973 section 196 of Cr.P.C., 1973 reads as under: