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1986 Supreme(Ker) 58

K.SREEDHARAN
Neelakantan Kamalasanan – Appellant
Versus
Achuthan Vasudevan – Respondent


Judgment :-

Complainant in C.C. 47/81 on the file of the Chief Judl. Magistrate's Court, Quilon is the appellant in this appeal. The private complaint filed against the accused 3 in number was one for offences punishable under S. 500 read with S. 34, I.P.C Complainant is a Physical Education Teacher employed in the Government High School at Pattazhi. Accused 1 and 2 are the President and Secretary respectively of the Paramanandodayam S.N.D.P. Branch No. 676 at Maloor. The third accused is the Proprietor of Vijaya Press situated in Pathanapuram Town. The complainant's case is that on 16-3-1981 Ext. P-1 pamphlet was printed by the third accused in his press at the instance of accused 1 and 2 in pursuance of their common intention to defame the complainant, and the copies of the printed pamphlets were distributed by the accused in several parts of the Quilon District including Quilon town. The contents of Ext. P-1 are per se defamatory and that its publication is punishable under S. 500 read with S. 34, I.P.C.

2. The pamphlet is in the nature of an address to the members of the community, in order to bring to their notice the misdeeds of the complainant in his relationship with Maloor












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