J.P. Vijayaraj v. Laksumanan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.02.2024

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI and Crl.M.P.(MD)No.4571 of 2022 J.P.Vijayaraj ... Petitioner/1st Respondent Vs.

Laksumanan ... Respondent/Complainant PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the private complaint in Crl.M.P.No.597 of 2022 on the file of the learned Judicial Magistrate, Devakottai, Sivagangai District and quash the same. For Petitioner : Mr.S.Ramakrishnan For Respondent : Mr.T.Kumar

ORDER

The Criminal Original Petition has been filed to quash the private complaint in Crl.M.P.No.597 of 2022 on the file of the learned Judicial Magistrate, Devakottai, Sivagangai District.

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2.The learned counsel for the petitioner would submit that the petitioner is the Editor of Thina Thanthi Daily. The reporter, namely, Rajendran, sent a report to the petitioner and the petitioner published the same in the daily news. Thereby, the defacto complainant was arrested in a criminal case. Aggrieved by the same, the defacto complainant filed a private complaint against the Editor under Section 200 of Cr.P.C. before the trial Court. Challenging the same, the present petition is filed. 3.

The learned counsel for the respondent would submit that the Editor may not be aware of the news alleged in the newspaper and hence, this Court may quash the complaint in respect of the Editor alone and allow the reporter to face the trial in the manner known to law and this Court may also issue a direction to the trial Court to complete the trial within a reasonable time as fixed by this Court. 4.In view of the fair submissions made by the learned counsel for the respondent, the private complaint in Crl.M.P.No.597 of 2022 on the file of the learned Judicial Magistrate, Devakottai, Sivagangai District, is quashed in respect of the petitioner alone and this petition is allowed.

directed to complete the trial and dispose of the case within a period of six months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed.

27.02.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Sji To 1.The Judicial Magistrate, Devakottai, Sivagangai District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI ,J.

Sji 27.02.2024 4/4