K PAWAN KALYAN Vs. D KIRAN KUMAR

JUDGEMENT

(1.) The Petitioner is accused of offences punishable under Sections 500 and 501 I.P.C in C.C. No. 34 of 2009 on the file of Judicial Magistrate of the First Class, Wanaparthy. He is stated to be a cine artist and brother of Telugu Cine Star by name Chiranjeevi, who recently established new political party by name 'Praja Rajyam' in this State. It is further stated that the accused was appointed as State President of 'Yuva Rajyam' which is youth wing of the said party. Whereas the complainant/1st Respondent is stated to be a practising Advocate in Wanaparthy Courts and also various Courts at Mahaboobnagar and Hyderabad. He claims to be active worker in Indian National Congress Party. Previously the complainant is stated to have been appointed as Wanaparthy Mandal Youth Congress President and presently General Secretary of District Youth Congress.

(2.) Subject matter of the complaint in the lower Court is contents of public speech given by the accused at Dharna Chowk of Indira Park at Hyderabad. It is alleged that the accused made several allegations against Congress Party leaders describing them as Thieves and Betrayers of Country and as having criminal history and that the accused criticized Congress Party leaders indiscriminately without any basis. Naturally the controversial speech of the accused was published in many Telugu daily newspapers. Copies of 'Andhra Bhoomi' and 'Eenadu' Telugu daily newspapers dated 31.12.2008 were filed along with the complaint in the lower Court. The speech was made by the accused on 30.12.2008. Almost on the same date of publication of news items, the complainant presented the complaint against the accused in the lower Court. News items published in the above daily news papers do disclose not only excerpts of the speech but also text of speech of the accused by way of ghot action. The said contents of news items prima facie disclose defamatory statements not only against leaders in Congress Party named by the accused but also entire members of Congress Party in general.

(3.) The only point urged by the senior Counsel appearing for the Petitioner/accused is that the complainant/1st Respondent has no locus standi to file the criminal complaint as he was not named by the accused in his speech and that he cannot be termed as aggrieved party within the meaning of Section 199 Code of Criminal Procedure.