High Court Kerala High Court

Ramakrishnan Malayath @ R.K. … vs State Of Kerala on 22 February, 2008

Kerala High Court
Ramakrishnan Malayath @ R.K. … vs State Of Kerala on 22 February, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 3750 of 2003()


1. RAMAKRISHNAN MALAYATH @ R.K. MALAYATH,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

                For Petitioner  :SRI.M.K.DAMODARAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice A.K.BASHEER

 Dated :22/02/2008

 O R D E R
                             A.K. Basheer, J.

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                      Crl.M.C.No. 3750 of 2003

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            Dated this the 22nd day of February, 2008.

                                   ORDER

Petitioner seeks to quash the proceedings pending against him

in CC.No.352/2002 on the file of the Judicial Magistrate of First

Class, Nilambur.

2. It appears that Nilambur Police had registered Crime

No.492/2000 (Annexure II) on the basis of Annexure I complaint

lodged by additional respondent No.2 herein. In Annexure II First

Information Report the Police had incorporated offences punishable

under Sections 500, 506(1) and 294(b) of the Indian Penal Code.

According to the petitioner the Police had completed the

investigation and laid Annexure III charge alleging commission of

the above offences.

3. But learned Public Prosecutor has invited my attention to a

report submitted by the Sub Inspector of Police dated July 25, 2002

deleting the charge under Section 500 IPC. He submits that

pursuant to the report , the court had directed the petitioner to face

charge under Section 506(1) and 294(b) IPC only.

4. The short question that arises for consideration is whether

the prayer made by the petitioner to quash the above proceedings

pending against him is legally valid and sustainable.

5. In Annexure I complaint, the complainant (additional

respondent No.2) alleged that on October 12, 2000, a copy of a

Crl.MC.3750/2003. 2

magazine called Palco Crime had been received at his tharwad house

by post, containing an article imputing immoral activities about his

younger brother Sri.Gopinath, who is a famous magician. The article

contained certain defamatory and derogatory statements against

Sri.Gopinath alleging that he had been having illicit relationship with

the women artists in his troop and that he had been presenting those

lady artists before some important personalities. The complainant

further alleged that he had come to know that photocopies of the above

article were being sent by post to several other people and that he

suspected that the accused was doing so.

6. It was further alleged that on the same day viz., October 12,

2000 at about 1 p.m. the accused had telephoned and enquired whether

he had received a copy of the magazine. Further, the accused had

allegedly informed the complainant that he had got thousands of

photocopies of the above article with him and that he would be

distributing them among the public in order to defame his younger

brother Gopinath. The further allegation in the complaint was that on

the same day in the evening while he and one Kavalamukkattayil

Premarajan had met the accused and talked about the matter, the

accused had used filthy language against him.

7. It is contended by Sri.Alan Pappali, learned counsel for the

petitioner that the charge laid by the Police before the court on the

basis of the above complaint is clearly an abuse of process. He submits

that Annexure I complaint did not reveal any offence much less those

under Sections 506(1) and 294(b) IPC. The complainant did not

disclose what were the abusive words used by the accused against the

Crl.MC.3750/2003. 3

complainant. Similarly the allegation that the accused had telephoned

and threatened the complainant is also totally vague and non specific.

It is also pointed out by the learned counsel that the main allegation in

the complaint was that the complainant suspected that it was the

accused who was behind the distribution of copies of the alleged

defamatory articles against his younger brother. As rightly pointed out

by the learned counsel his younger brother viz., Sri.Gopinath who was

targeted in the article in question had not chosen to lodge a complaint

against the accused. The vague assertion made by the complainant that

the entire family of the complainant had been defamed through the

article is not sufficient to incriminate the petitioner in the case.

8. I find considerable force in the above contentions raised by the

petitioner. Though respondent No.2 had been served with notice, he

has not appeared either in person or through counsel. Nevertheless I

have carefully perused the entire materials available on record. I have

also gone through the Case Diary made available by the learned Govt.

Pleader.

9. Having regard to the entire facts and circumstances, I find

no justification in allowing the proceedings pending against the

petitioner to continue. In my view, the above proceeding is a clear

abuse of process. Therefore the proceedings pending in

CC.No.352/2002 on the file of the Judicial Magistrate of First Class,

Nilambur are quashed.

Crl.M.C is allowed.


                                                        A.K. Basheer
an.                                                          Judge.