A.Balu v. P.Kumaraswamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.04.2023

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Crl.O.P. No. 29759 of 2019 and Crl.M.P. Nos. 16079 & 16080 of 2019 1.A.Balu 2.Tamil Nadu Association of Intellectuals and Faculty, Rep by its President Dr. A. Balu, No.4, 8th Street, Bakthavachalam Nagar, Nanganallur, Chennai - 600 061.

... Petitioners Vs.

P.Kumaraswamy ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records pertaining to the C.C.No.1716 of 2019 on the file of the learned XV Metropolitan Magistrate, George Town, Chennai and quash the same. 1/4

For Petitioners :

Mr. S.Joel For Respondent :

Mr. B.Ravi

O R D E R

This petition is filed to quash the complaint filed under Section 499 and 500 of the IPC.

2. It is alleged in the complaint that the petitioner had given a complaint against the respondent and had circulated the contents of the complaint in social media with an intention to harm the respondent's reputation.

3. The learned counsel for the petitioner would submit that what he had circulated in social media is a copy of the complaint and that would not amount to defamation within the meaning of Section 499 of the IPC.

4. This court, on a perusal of the impugned complaint and 2/4

submissions made by the petitioner finds that the points raised by the petitioner are factual in nature and has to be adjudicated only before the Trial Court. Therefore, this Court is not inclined to quash the impugned complaint.

5. With the above observation, the petition is dismissed. Consequently, the connected miscellaneous petitions are closed. No costs.

10.04.2023 Index : Yes/No Internet : Yes/No kan To The XV Metropolitan Magistrate, George Town, Chennai.

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SUNDER MOHAN. J, kan Crl.O.P.No. 29759 of 2019 10.04.2023 4/4