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C.SHIVAPPA
Dr. Subramanian Swamy – Appellant
Versus
C. Pushparaj – Respondent


JUDGMENT

C. Shivappa, J. - The petitioner in this petition is seeking for quashing of the proceedings in P.R.C. No. 51 of 1995 on the file of the Judicial Magistrate, Tambaram.

2. The facts in brief are that the complaint in P.R.C. No. 51 of 1995 was

filed by the respondent herein based on a speech delivered by the petitioner at Bharathi Thidal, Tambaram on 18-31995, alleging that the petitioner herein committed the offence under Sections 307, 504 and 506 (II) of the Indian Penal Code. The objectionable part of the speech on which the respondent has based the complaint is as follows:

(Transcript of the speech made in Tamil and the translation reads thus):

"Tamil Nadu has become a State without self respect. In no other State such circumstances is in existence. Some here felt sorry that there is no security for political leaders in Tamil Nadu. At number of places in Tamil Nadu violence is at high peak. Number of attempts were made on my life by throwing acid bulbs. Violence cannot be the answer for violence." Even if nothing can be done in Tamil Nadu when Miss Jayalalitha comes to Delhi, there she can be held and nicely beaten up. Tamil Nadu House where Miss Jayalalitha stays is onl

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