TANKASALA ASHOK Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS petition under Section 482 Cr.P.C, to quash the proceedings initiated against the petitioner-A3 in CC No.135/ 2004 on the file of I Additional Munsif Magistrate, Narasarapet, Guntur District.

(2.) THE petitioner-A3 along with others was facing trial for the offence under Section 500 IPC.

(3.) SRI Nandigama Krishna Rao, learned Counsel for the petitioner submits that when a similar news item was published in Andhra Bhoomi Telugu Daily Newspaper in Guntur Edition on 18.3.2003 under the caption "Muudu Lorryila Dhanyam Apharana" one Bathula Subba Rao (the second respondent herein) filed a complaint against Andhra Bhoomi, in which Editor of the paper is shown as A2 in CC No.134/ 2004 and A2 filed Crl. P No.2172/2006 before this Court and this Court quashed the proceedings initiated against A2 for the offence punishable under Section 500 IPC by order dated 12.7.2006 and prays that the proceedings initiated against the petitioner, who is similarly placed with that of A2 in CC No. 134/2004, are liable to be quashed. He further contends that in the absence of any allegations in the complaint that the news item was published with mala fide intention to defame the complainant, Section 500 IPC has not been attracted, and therefore the proceedings initiated against the petitioner are liable to be quashed.