High Court Kerala High Court

C.K. Chandran vs Advocate Thomas Unniyadan on 17 March, 2009

Kerala High Court
C.K. Chandran vs Advocate Thomas Unniyadan on 17 March, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 819 of 2005()


1. C.K. CHANDRAN, S/O. CHAMPARA KOCHAKKAN,
                      ...  Petitioner

                        Vs



1. ADVOCATE THOMAS UNNIYADAN, M.L.A.,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.JOHN RALPH

                For Respondent  :SRI.S.SREEKUMAR

The Hon'ble MRS. Justice M.C.HARI RANI

 Dated :17/03/2009

 O R D E R
                       M.C. HARI RANI, J.

              ======================

                      CRL.M.C.NO. 819 of 2005

             =======================

            Dated this the 17th day of March 2009

                             ORDER

The petitioner in this petition is the sole accused in

S.T.No.8009/2004 pending before the Court of Judicial First Class

Magistrate, Irinjalakuda and this petition is filed under Section

482 of Cr.P.C. with the prayer to quash Annexure-A1 complaint

filed by the first respondent against him which was taken

cognizance by the learned Magistrate and is pending before that

court alleging commission of the offence under Sections 499, 500

and 501 of I.P.C.

2. The statement of facts as alleged in this petition are as

follows:- The petitioner is the political worker and the Area

Committee Secretary of CPI(M)Irinjalakuda and also a member of

Thrissur District Committee of C.P.I(M). He was implicated as the

sole accused in S.T.No.8009/2004 pending before the Judicial

First Class Magistrate Court, Irinjalakuda which was taken on file

CRMC.819/2005 -2-

on the basis of a private complaint filed by the first respondent

herein on 10-12-2004 alleging commission of the offence

punishable under Sections 499, 500 and 501 of the Indian Penal

Code. Copy of the complaint is produced as Annexure-A1. After

the receipt of the complaint, the Magistrate recorded sworn

statement of the first respondent/complainant and took

cognizance of the offence punishable under Sections 500 and 501

of the Indian Penal Code and issued process to the accused to

appear on 23-4-2005 before that court. The petitioner/accused

approached this Court by filing this petition on 24-2-2005 with

the prayer to quash Annexure-A1 complaint and also the

proceedings against him in the above mentioned case.

3. Heard the learned counsel appearing for the petitioner

and the first respondent.

4. It is submitted by the learned counsel for the petitioner

that the petitioner and the first respondent are politically opposite

parties. The first respondent herein,who is the M.L.A.of

Irinjalakuda constituency and a leader of Kerala Congress(M) has

CRMC.819/2005 -3-

alleged in Annexure-AI complaint that the petitioner conducted a

press conference on 23-11-2004 at the Press Club, Irinjalakuda

and stated as follows:

” K.L.D.C.

. . . .”

Annexure-II is produced along with this petition which is copy of

the news item published in Kerala Kaumudi, Malayalam daily

dated 24-11-2004, which according to the 1strespondent was

published on the basis of the above statement made by the

petitioner in the press conference. Annexure-A-III is also

produced as the true copy of the news item in Mathrubhumi daily

dated 26-11-2004. Annexure-A-IV is another copy of the news

item published in Malayala Manorama daily dated 29-9-2004

and Annexure-A-V is the true copy of the news item published in

Deshabhimani daily dated 30-9-2004. Annexures A-II to A-V

also contain the defamatory statements which were mentioned in

Annexure-A1 complaint. According to the 1st respondent, in the

press conference conducted by the petitioner on 23-11-2004 at

CRMC.819/2005 -4-

the Press Club, Irinjalakuda he had stated the above mentioned

statements are incorrect, which according to the 1st respondent

was defamatory and made with the intention to lower his

reputation among the public. Thus the petitioner herein has

committed offences under Sections 499, 500 and 501 of the

Indian Penal Code.

5. It is argued by the learned counsel for the petitioner that

there was political vengeance to the first respondent and due to

that vengeance the present complaint has been filed by him

without any bona fides against the petitioner and that the

statements made by the petitioner in the press conference as

narrated in Annexure-A1 complaint even take it as conceded, it

is not defamatory as such and it should not have been taken

cognizance by the learned Magistrate. It is also argued by the

learned counsel for the petitioner that no sufficient allegations

are there in the complaint to connect the petitioner herein to the

alleged offence. The learned Magistrate has taken cognizance of

the case without considering the facts and due to non-application

CRMC.819/2005 -5-

of mind. Therefore, the complainant/1strespondent has

unnecessarily dragged the petitioner to face the criminal trial in

S.T.No.8009/2004 and Annexure-A1 complaint against the

petitioner is an abuse of process of the court and is liable to be

quashed.

6. The learned counsel for the first respondent has

submitted that it is the admitted case of the petitioner that he

made the above-mentioned statements in the press conference

conducted by him on 23-11-2004 as mentioned in Annexure-A1

complaint preferred by the first respondent herein. The learned

Magistrate on receipt of Annexure-A1 complaint recorded the

sworn statement of the complainant and took cognizance of the

case as S.T.No.8009/2004 and ordered to issue summons to the

petitioner herein. Whether the petitioner is entitled to get

protection under any of the exceptions more particularly

exceptions 1 to 3 of Section 499 of I.P.C. as argued by the

learned counsel for the petitioner has to be decided by the

learned Magistrate on the basis of evidence to be let in by the

CRMC.819/2005 -6-

parties at the time of trial. So no interference is required at this

stage by invoking the jurisdiction under Section 482 of Cr.P.C., it

is submitted.

7. Section 499 of I.P.C.reads as follows:

“499. Defamation,-whoever, by words either spoken or

intended to be read, or by signs or by visible

representations, makes or publishes any imputation

concerning any person intending to harm, or knowing

or having reason to believe that such imputation will

harm, the reputation of such person, is said, except in

the cases hereinafter expected, to defame that

person”.

Exceptions 1 to 3 of Section 499 of I.P.C.read as follows:

First exception-Imputation of truth which public

good requires to be made or published,- It is not

defamation to impute anything which is true

concerning any person, if it be for the public good that

the imputation should be made or published. Whether

CRMC.819/2005 -7-

or not it is for the public good is a question of fact.

Second Exception,- Public conduct of public

servants,- It is not defamation to express in a good

faith any opinion whatever respecting the conduct of

a public servant in the discharge of his public

functions, or respecting his character, so far as his

character appears in that conduct, and no further.

Third exception,-Conduct of any person touching

any public question,-It is not defamation to

express in good faith any opinion whatever

respecting the conduct of any person touching any

public question, and respecting his character, so far

as his character appears in that conduct, and no

further.

8. In the light of the provisions contained in Section 499 of

the I.P.C. as above mentioned, the important aspect to be

examined is whether the allegations in Annexure-A1 complaint,

prima facie, makes out the offence of defamation against the

CRMC.819/2005 -8-

petitioner.

9. The allegations against the petitioner in Annexure-A1

complaint is that he conducted a press conference on 23-11-2004

at the Press Club, Irinjalakuda and stated as follows:

“K.L.D.C.

. . . .”

It is further alleged that this statement was published in Kerala

Kaumudi Malayalam daily on 24-11-2004 under the caption

” . ..

. . .. .”

10. Identical news items had been published in other

newspapers like Mathrubhumi daily dated 26-11-2004,

Deshabhimani, Deepika etc.and the same were published

pursuant to the statements made by the petitioner in the press

conference. Copies of the above mentioned news items were

produced as Annexures-II to V along with this petition.

11. In order to attract the offence under Section 499 of

I.P.C., the offender must intend to harm the reputation of the

victim amongst public or must do the culpable act with the

CRMC.819/2005 -9-

contumacious knowledge and belief and that such harm would

result the reputation of the aggrieved complainant. All those

matters can only be decided by the trial court on the basis of the

evidence to be adduced on the prosecution side and evidence on

the defence side if any. Whether the petitioner is entitled to get

the protection of any of the exception of Section 499 as argued

by the learned counsel for the petitioner can be decided by the

learned Magistrate considering the evidence to be adduced by

either side. Whether the above statements mentioned in

Annexure-A1 complaint has been made by the petitioner in good

faith or in the interest of the public etc. can only be decided on

the basis of the evidence to be let in by the parties.

12. In this petition filed by the petitioner before this

Court, who is the sole accused in the above crime, I find no

sufficient ground to invoke the jurisdiction of this court as

envisaged under Section 482 of Cr.P.C. which can be exercised

only sparingly and with abundant caution. In such

circumstances, I find no reason to interfere with Annexure-A1

CRMC.819/2005 -10-

complaint which was already taken cognizance by the learned

magistrate and is pending before that court as

S.T.No.8009/2004. Therefore, this petition is devoid of merits

and is liable to be dismissed.

In the result, the Crl.M.C.is dismissed.

Sd/-

M.C. HARI RANI
JUDGE
ks.