VEMURI RADHAKRISHNA Vs. PATHURI PRASAD AND ANOTHER

JUDGEMENT

(1.) The petitioner V. Radhakrishna is the Managing Director of Andhra Jyothi is the A.9 among other accused of C.C.No.126 of 2008 pending on the file of Additional Judicial Magistrate of First Class, Chilakaluripet, for the defamatory imputation published in the daily newspaper, Andhra Jyothi apart from Vaartha and Eenadu respectively on 09.06.2007. It is the private complaint dated 11.06.2007 of P. Prasad, the complainant, that was taken cognizance for the offence punishable under Section 500 r/w 34 IPC by the learned Magistrate, where there was array of 8 accused originally. The petitioner as Managing Director of Andhra Jyothi or the Editor K.Radha Krishna Murthy or Sub Editor as the case may be, were not the accused originally in the private complaint. It is during the course of trial from the evidence of PW.1 and the learned Magistrate taken cognizance against the petitioner being Managing Director as A.9 and the Editor and Sub Editor as A.10 and A.11 under Section 319 Cr.P.C. vide order dated 24.07.2009 in Crl.M.P.No.998 of 2009. It is the same now impugned in the quash petition.

(2.) The averments in the quash petition show that the impugned order of the learned Magistrate is unsustainable, without jurisdiction and contrary to the provisions of law and thereby liable to be quashed. The deposition of PW.1 during trial, on 27.02.2009 reads that he is resident of Edlapadu and Managing Partner of Saibaba Stone Crusher. In 1992 Vankayalapadu Gram Panchayat leased out land of an extent of Ac.1-25 cents in D.No.28/C and the lease was for 99 years and the said land is in the possession of the complainant. On 23.05.2007, Communist party of India leaders who came about 300 persons entered into the land and plugged flags, all armed with crow bars and sticks and when complainant tried to stop them, they assaulted him then he gave report to Edlapadu Police Station, police did not register case and as the lease stands in the name of wife of the complainant PW.1, his wife filed the private complaint against the CPI party people. For that on 08.06.2007, A.1 to A.5 and 3 others convened a press meeting at party office at Chilakaluripet and A.7 among other accused 6 to 8 are also were in the press meeting and said 8 persons gave statement against him stating he is a printer and circulator of counter feet and fake currency and how can such a person can file a private complaint against the CPI party leaders. One Shaik Baji at Saibaba Stone Crusher in the premises of the complainant heard the news and purchased the paper of Andhra Jyothi and read out the news. To the shock and humiliation of him from said news, he filed the private complaint as the news publication defamed in the eyes of public to diminish from growing politically and financially, he was implicated in a false currency case that was ended in acquittal. It is from that deposition though the learned Magistrate allowed with observation that Court can proceed against the person who is not already accused basing on evidence of witnesses under Section 319 Cr.P.C.

(3.) As held by the Constitution Bench of the Apex Court in Hardeep Singh Vs. State of Punjab for taking cognizance against the persons other than accused from the evidence during trial under Section 319 Cr.P.C., it is something more than the strong suspicion to frame a charge that is required to be made out. Whether it is made out or not is now a matter for consideration herein from the impugnment of the order in question on sustainability. In the private complaint filed against 8 persons only on 11.06.2007 no doubt list of witnesses shows as to summon the news reporter of Andhra Jyothi, Chilakaluripet, among the news reports of Vaartha and Eenadu, also out of Lws.1 to 8 as 6 to 8 and the documents filed are document No.2 Andhra Jyothi District Edition dated 09.06.2007. In the complaint, it is averred on 09.06.2007 complainant, one B.Venkateswamy, A. Sateesh, S.Ramana and S.Krishna among Lws.1 to 5 sat at his crushing machine, one Baji brought the newspaper and told defamatory imputation published in Andhra Jyothi page No.13 and then he took the newspaper read over the defamatory imputation loudly to the shock and surprise of the complaint hurt its feelings and making imputation and all the persons there felt bad of the imputation with character assassination and to disrepute him and the intention of the accused making such defamatory imputation falsely and maliciously is fraudulent. It is mentioned that earlier a fake currency case booked against him, the III Additional Assistant Sessions Judge (FTC), Guntur, acquitted him on 09.03.2007 for same not proved and he is a respectable person in the society.