BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31/03/2008 CORAM THE HONOURABLE MR. JUSTICE S.NAGAMUTHU Crl.O.P.(MD)No.8228 of 2007 and Crl.O.P.(MD)No.8064 of 2007 and M.P.(MD)Nos.1 and 1 of 2007 Crl.O.P.No.8228 of 2007 S.Ganeshan .. Petitioner Vs. V.Devendran .. Respondent Crl.O.P.No.8064 of 2007 #P.L.Velayutharaja .. Petitioner vs. $1.V.Devendran 2.S.Ganesan .. Respondents The above Criminal Original Petitions have been filed under Section 482 of Cr.P.C to call for the records in C.C.No.311 of 2007 on the file of the Judicial Magistrate No.II, Srivilliputtur and quash the same as illegal. !for petitioner in ...Mr.G.Marimuthu Crl.O.P.No.8228 of 2007 for petitioner in ...Mr. P. Velmurugan Crl.O.P.No.8064 of 2007 ^for respondent in ...Mr.V.S.Balakrishnan Crl.O.P.No.8228 of 2007 and for the first respondent in Crl.O.P. No.8064 of 2007 :ORDER
The petitioner in Crl.O.P.(MD)No.8228 of 2007 is the first accused and the
petitioner in Crl.O.P.(MD)No.8064 of 2007 is the second accused in C.C.No.311 of
2007 on the file of the learned Judicial Magistrate No.2, Srivilliputtur.
2. The respondent, V.Devendran is the complainant. The offences said to
have been committed by these petitioners are punishable under Sections 500 and
504 IPC. The petitioners have come forward with these petitions to quash the
said proceedings.
3. The facts and circumstances of the case are as follows:
On 6.7.2007 in Dinamalar Daily news paper, the second accused, who is a
practicing advocate in Srivilliputtur issued a general notice in which he has
stated that there is some litigation in respect of the property belonging to the
complainant in O.S.No.188 of 2001 and he has further warned the public not to
purchase the said property from the complainant and the notice further proceeds
to say that if any one purchases the property from the complainant, he will be
doing at his own risk. The said notice was issued by the second
accused/advocate on the instructions of the first accused, who is his client.
4. According to the complainant/respondent, the civil suit was over long
back and after that the complainant had no intention to sell the property at all
but in the notice, it was stated as if the complainant was intending to sell the
property. According to him, the said statement has lowered his reputation in
the public.
5. In my considered opinion, an instruction by a party to a counsel is
protected as a privileged communication under Section 126 of the Indian Evidence
Act. The 2nd accused, who is a practicing advocate, has after all issued the
public notice on the instructions of the party. At no stretch of imagination,
it can be said that he has committed the act of defamation. Therefore, I have
no hesitation at all to hold that the complaint as against the second accused is
not at all maintainable and therefore, the impugned proceedings is liable to be
quashed.
6. Insofar as the contents of the notice also, I do not find any material
to make out even a prima facie case of defamation.
7. As I have stated above, the notice proceeds to state that the
complainant intends to sell the property and if anybody purchases the same, he
will be doing at his own risk. I do not find anything in the statement, which
would have lowered the reputation of the complainant. Thus, absolutely, there
is no case at all against any of the accused. Hence, I do not have any
hesitation to quash the entire case against both the accused.
8. At this juncture, it is worthwhile to refer to the judgment of the
Hon’ble Supreme Court in the State of Haryana and others vs. Bhajan Lal and
others reported in 1992 Supp (1) S.C.C. 335 wherein the Hon’ble Supreme Court
has given illustrations where this Court should interfere under Section 482
Cr.P.C. to quash a private complaint. The present case squarely falls withing
the principles stated in the said judgment of the Hon’ble Supreme Court.
9. Hence, for all the reasons stated above, these petitions are allowed
and the case in C.C.No.311 of 2007 on the file of the learned Judicial
Magistrate NO.II, Srivilliputtur is hereby quashed.
asvm
To
The Judicial Magistrate No.II,
Srivilliputtur.