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2017 Supreme(SC) 1139

J.CHELAMESWAR, S.ABDUL NAZEER
Mohammed Abdulla Khan – Appellant
Versus
Prakash K. – Respondent


JUDGMENT

Chelameswar, J.

1. Leave granted.

2. The sole respondent is admittedly the owner of a Kannada Daily Newspaper by name “Jaya Kirana” published from Mangalore, Karnataka. On 16.12.2013, the said newspaper carried a news item containing certain allegations against the appellant herein. According to the appellant, the allegations are highly defamatory in nature.

3. The appellant lodged a report with the Panambur Police, Mangalore, Dakshina Kannada District on 17.12.2013 against the respondent and another person who was editor of the abovementioned newspaper. Police did not take any action. Thereafter, the appellant filed a private complaint against the respondent and the editor of the abovementioned newspaper before the J.M.F.C.-II, Mangalore in PCR No.24/2014 which eventually came to be numbered as CC No.1252 of 2014. The learned Magistrate took cognizance of the matter on 15.04.2014 for the offences punishable under Section 500, 501 and 502 of the Indian Penal Code, 1860.

4. Aggrieved by the order dated 15.04.2014, the respondent carried the matter in Revision Petition No.219 of 2014 before the Sessions Judge, Dakshina Kannada, Mangalore. By the order dated 06.11.2015, the r



























































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