Sajan Varghese v. Hariharan Pillai

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA FRIDAY, THE 25TH DAY OF SEPTEMBER 2015/3RD ASWINA, 1937 --------------------------- CC 355/2014 of JUDICIAL FIRST CLASS MAGISTRATE'S COURT-I, PATHANAMTHITTA PETITIONERS/ACCUSED:

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1. SAJAN VARGHESE, PRINTER & PUBLISHER, MANGALAM DAILY NEWSPAPER, MANGALAM PUBLICATION, MANGALAM COMPLEX, S.H.MOUNT (P.O), KOTTAYAM.

2. R.AJITH KUMAR, ASSOCIATE EDITOR, MANGALAM DAILY NEWSPAPER, MANGALAM PUBLICATION, MANGALAM COMPLEX, S.H.MOUNT (P.O), KOTTAYAM.

3. VYSAKHAN, CORRESPONDENT, MANGALAM DAILY, THIRUVALLA BUREAU, THIRUVALLA.

BY ADV. SRI.GEORGEKUTTY MATHEW RESPONDENTS/COMPLAINANT AND STATE:

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1. HARIHARAN PILLAI, AGED 42 YEARS, S/O RAMACHANDRAN, PUNARTHAM HOUSE, KARIMTHOTTUMURIYIL HOUSE, SASTHAMKOTTA VILLAGE, KUNNATHOOR TALUK, SASTHAMKOTTA (P.O), KOLLAM DISTRICT, PIN-691 001.

2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN:682031.

R1 BY ADVS. SRI.K.SHAJ SRI.SAJJU.S SRI.C.D.ANIL SRI.RENJIT GEORGE SMT.ANJU MOHAN SRI.S.VISHNU (ARIKKATTIL) SRI.S.K.SUJITH KRISHNA R2 BY PUBLIC PROSECUTOR SMT.SAREENA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 25-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

-------------------------- APPENDIX PETITIONERS' ANNEXURES:

----------------------- ANNEXURE I: COPY OF THE COMPLAINT DATED 29.7.2013 IN C.C.NO.355/2014 PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PATHANAMTHITTA.

RESPONDENTS' ANNEXURES:

----------------------- NIL // True Copy // P.A. To Judge DSV/26/9/15

B.KEMAL PASHA, J.

=================== CRL.M.C. No.6640 of 2014 ==================== Dated this the 25th day of September, 2015

O R D E R

Petitioners are the accused in C.C.No.355 of 2014 of the Judicial First Class Magistrate's Court, Pathanamthittah, for the offences punishable under Section 499 IPC, which is punishable under Section 500 IPC.

2. According to the 1st respondent, who is the complainant, he was deliberately defamed through a publication at the instance of the petitioners. A private complaint has been filed and the same has been taken cognizance of by the court below. On going through the contents of the private complaint, it cannot be said that any offences are not made out. The present stage is too

CRL.M.C. No.6640 of 2014 premature to say anything with regard to the merits or otherwise of the contents of the complaint. The petitioners will get ample opportunity to challenge the said matters before the court below.

With such a liberty, this Crl.M.C. is closed. Sd/- B. KEMAL PASHA JUDGE DSV/26/9/15