The present petition has been filed by accused Nos.1 to 3, challenging the issuance of process as against the petitioners-accused and praying this Court to set aside/quash the order dated 30.11.2011 in PCR.No.24/2011 (CC.No.1006/2011) passed by the Metropolitan Magistrate, Traffic Court-I, Mayo Hall Unit, Bangalore.

2. It is the case of the petitioners that petitioner No.1 M/s.Lundbeck India Private Limited, is a Company registered under the Companies Act. It is dealing with multinational pharmaceutical aspects and petitioner Nos.2 and 3 are the Managing Director and General manager, Legal & Company Secretary. The said Company manufactures drugs including “Deanxit” which is a combination of Melitracen-10 mg and Flupenthixol 0.5 mg. It has also a license for manufacture and marketing of the said product. One Dr.Chandra M.Gulhati, Author, Publisher, Editor and Printer of Monthly Index of Medical Specialities (MIMS) published a defamatory article which reads as under : –

“Deanxit: Dubious, Unlawful Approval

The fixed-dose combination of flupenthixol and melitracen, sold under the brand name of Deanxit by Lundbeck, is not permitted for use in Denmark, its country of origin but is e