GUTLAPALLI PRASADA RAO Vs. PUBLIC PROSECUTOR

JUDGEMENT

(1.) ALLEGING that publication of notice to him in a paper by the A. P. State Agro Industries Development Corporation Limited, Hyderabad (A. P. S. A. I. D. C), that O. S. No. 1021 of 1999 filed by it on the file of the Court of the Principal Junior Judge at Ongole against him and others stands posted to 10. 10. 2001 for his appearance and that he should appear either in person or through his counsel before the Court at 10. 30 AM on 10. 10. 2001, is defamatory, petitioner filed a private complaint against respondents 2 to 4 under Section 500 IPC. The learned Magistrate, after recording the sworn statement of the petitioner and considering the submissions made, dismissed the complaint on the ground that publication of notice to the petitioner, who is a defendant in the suit, under Rule 20 of Order V CPC is not and cannot be defamation. Revision preferred by the petitioner to the Sessions Court against the said order of dismissal also was dismissed by the order impugned in this petition. Hence, this petition.

(2.) THE main contention of the learned counsel for the petitioner is that respondents being the General, Manager (P and A) and Regional Manager of A. P. S. A. I. D. C in which the petitioner is employed, though aware of his address, willfully with a view to defame the petitioner, got published the notice in papers only with a view to make public that a suit is filed against him in a civil Court and so both the Courts below were in error in holding that publication of notice is not and cannot be considered as defamatory. Heard the learned Additional Public Prosecutor.

(3.) THE notice published, which is said to be defamatory, reads that A. P. S. A. I. D. C. Limited represented by its Regional Manager, Nellore, filed a suit against A. Subbarao and others including the petitioner as 3rd defendant in that suit and that that case stands posted to 10-10-2001 for the appearance of the petitioner and another and so they should appear before the Court on 10-10-2001 at 10. 30 AM either in person or through a counsel and submit their objections, if any, and if they fail to appear, further proceedings would be proceeded with ex parte.