DOODALA SURYANARAYANA MURTHY Vs. OSURI DEVENDRA PHANIKAR

JUDGEMENT

(1.) THIS petition is filed under Section 482 Cr.P.C. to quash the proceedings against the petitioner in C.C. No. 646 of 2011 on the file of Additional Judicial Magistrate of I Class, Narsapur of West Godavari District. Sri C. Raghu, the learned counsel for the petitioner submitted that institution of criminal proceedings against the petitioner is not maintainable for the following grounds, viz., 1) The complaint is barred by limitation, 2) The allegations made in the complaint do not constitute the offences alleged against the petitioner; and 3) the allegations made in the complaint fall within the ambit of exception 9 of Section 499 IPC.

(2.) PER contra, Sri S.R. Sanku, the learned counsel for the first respondent, submitted that the allegations made in the complaint satisfy the basic ingredients of Section 499 IPC.

(3.) A perusal of the record reveals that on 21.06.2007 a news item was got published in 'UNDEEL' daily newspaper by one T.V. Govinda Rao, Advocate. Thereupon, the first respondent issued a legal notice to said Govinda Rao, Advocate to disclose at whose instance he got the news item published. Ultimately, the said advocate Govinda Rao issued a reply stating that he got issued the above said paper notification at the instance of the petitioner herein. It is an admitted fact that the petitioner is the brother -in -law of the first respondent.