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1986 Supreme(Ker) 204

S.PADMANABHAN
M. P. Narayana Pillai – Appellant
Versus
M. P. Chacko – Respondent


Judgment :-

This petition under S. 482 of the Cr.P.C. was filed by the three accused in C.C. 138/85 on the file of the Judicial First Class Magistrate, Vaikom for quashing the original of Ext. P1 complaint in that case as an abuse of process of court in order to secure the ends of justice. Ext. P2 is copy of the sworn statement of the complainant recorded by the Magistrate. Complainant is the 1st respondent and the State of Kerala is the 2nd respondent.

2. First petitioner is a columnist residing in Bombay, though he is a Malayalee. Second and 3rd petitioners are respectively the Editor and Publisher of Kalakaumudi, a Malayalam Weekly published from Trivandrum. In the two issues of the weekly (Exts. P3 and P4) an article written by the 1st petitioner was published in two parts under the caption "Syrian Christians and National Integration". Complainant claimed himself to be a member of the Syrian Christian Community and he says that certain imputations contained in part-II of the article are defamatory to his community and as such defamatory to him also. That is how he claims to be an aggrieved person. The complaint was filed for offences punishable under Ss. 500 and 501 of the I.P.
















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