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2009 Supreme(Kar) 459

V.JAGANNATHAN
Gangadhar Kustagi – Appellant
Versus
S. K. Kantha – Respondent


Advocates appeared:
For the Petitioner:Sanjay A. Patil, Advocate.
For the Respondent:Chaitanya Kumar, Advocate.

Judgment :-

Jagannathan, J.

A private complaint is filed under Section 200 of the Cr.P.C. on 13.10.97 alleging offences under Sections 500 and 501 of IPC which offences are not punishable with not more than two years of imprisonment. But the cognizance is taken by the Learned Magistrate after nine years and on 18.01.2006 summons is ordered to be issued against the accused persons. Aggrieved by the said order A-2 has come up in this revision under Section 482 of the Cr.P.C.

2. The complaint allegations centre around a publication in Lankesh Patrike dated 21.6.95 alleging that the report published amounted to making malicious allegations against the complainant and therefore, offence under Section 500 and 501 of the IPC are attracted, the complainant presented the complaint before the Trial Court for taking cognizance and to issue the process against the accused persons. The Trial Court by its order dated 18.1.2006 held that a case is made out for taking cognizance against the accused persons No.1 to 3 and ordered issuance of summons accordingly. The Court also observed that the complaint is presented within time.

3. Learned Counsel Sri Sanjay Patil for the petitioner (A-2) submitted











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