P.SHANMUGAM
K. M. Mathew – Appellant
Versus
K. A. Abraham – Respondent
Petition is to quash the proceedings in S.T. No. 1341/93 on the file of the Judicial Magistrate of First Class, Chengannur, including Annexure-A1 complaint.
2. The respondent had preferred a complaint dated May, 1992 against the petitioners alleging that by publishing the news item the petitioners have committed the offence of defamation punishable under Sections 500, 501 and 502 read with Section 34, I.P.C. The complaint related to a news item published in the newspaper dated 14-2-1992 wherein, according to the complaint, publication under the caption "Fraud in Gulf", "complaint against a Malayalee," appeared as a news item. According to him, the publication had seriously infringed the reputation of the complainant and lowered his moral and intettectual character, causing considerable mental pain and agony to him and his family. When complainant caused a notice calling upon the petitioners to make an unconditional apology, petitioners have expressed their inability to do so holding that the news item was published in the interest of the public. As against the complaint, petitioners have earlier moved the High Court in Criminal M.C. No. 2345 of 1993 under Section 482 of
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