The central legal point established in the judgment is that the publication of substantially true reports of court proceedings, including those based on FIRs, is exempt from defamation under the fourth exception of Section 499, IPC.

K. SREEDHAR RAO, J.

( 1 ) PETITION filed under Section 482, Cr. P. C. for quashing of the proceedings in C. C. No. 1849/2001, arising out of the private complaint in PC. No. 35/2001 on the file of the J. M. F. C. , Bhatkal. The respondent has filed a private complaint against the petitioner for committing an offence punishable under Section 500, Cr. P. C. There appears to be a property dispute between the respondent and one Subbaiah who is a third party. The complaint was given by Subbaiah against the respondent before the Bhatkal Police and the same was registered in Crime No. 33/2000. In the said complaint Subbaiah has alleged that the respondent had acted high handedly and assaulted by chasing Subbaiah and his family members. The offence of trespass into the house and perpetrated violent Acts in the premises of Subbaiah. Based on the said information with the police, the petitioner published a news in UDAYAVANI newspaper, Kannada daily. The respondent, being aggrieved by the news item, has filed the private complaint alleging that the averments made in the news item are false and defamatory. The JMFC, after taking cognizance, recorded the sworn statement and directed the issuance of process. The petitioner, being aggrieved by the said order, has filed this present petition seeking quashing of the proceedings.

( 2 ) THE respondent has appeared through a counsel.

( 3 ) IN this petition, the petitioner has produced the copy of the FIR lodged by Subbaiah and also the charge-sheet filed by the police pursuant to the pursuant to the said FIR. It is the contention of the respondent that the contents of the news item are palpably false giving deliberately a distorted version of the incident.

( 4 ) AFTER hearing the counsel for the petitioner and on perusal of the material produced, it is not in dispute that Subbaiah had filed a complaint against the respondent before the Bhatkal Police. The same was registered in Crime No. 33/2000. Consequent to which the investigation has taken place. The charge-sheet is also filed. However the news item in question is published after registration of the FIR but investigation was still pending.

( 5 ) IT is the contention of the petitioner that based on the information available in the FIR registered by the police, the matter has been reported as a news item. It is necessary to advert to the provisions of Section 499, IPC which deals with the offence of defamation and 4th Exception provided to the provision of law. "499. Defamation :- Whoever, by words either spoken or intended to be read, or by signs or by visible representations, made or publishes any imputation concerning any person intending to harm or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said except in the cases hereinafter excepted, to defame that person. " fourth Exception :- Publication of reports of Proceedings of Courts :- It is not defamation to publish a substantially true report of the proceedings of a Court of Justice, or of the result of any such proceedings. "

( 6 ) EVIDENTLY, the petitioner is a journalist. The fourth exception envisaged in Section 499, IPC exonerates the publication of reports if they substantially make a true report of the proceedings of the Court of justice or any result of such proceedings. In the instant case, the contents of the FIR registered by the police have been published. Under the provisions of Code of Criminal Procedure, any FIR registered by the police is to be submitted to the jurisdictional Magistrate forthwith and such a report to the Court becomes a matter of record in a judicial proceedings. Therefore, the news item published touching the conduct of the respondent being a subject-matter of a criminal proceedings in respect of which the police have registered a case and the same submitted to the Court.

( 7 ) IT is the contention of the respondent that the allegations made against the respondent is false. However, from the stand point

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