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1972 Supreme(Ker) 124

V.KHALID
KUNHIKANNAN – Appellant
Versus
KALLIANI – Respondent


Judgment :-

1. The complainant in C. C. No. 61 of 1970 on the file of the Additional First Class Magistrate, Tellicherry, is the petitioner before me. A complaint was filed under S.500 IPC. alleging that the respondents in a registered notice sent through their lawyer referred to the complainant as ZpA'K k'Xn and also that he is a constant defaulter in paying rent. The learned Magistrate discharged the accused on the ground that no offence was made out. He found that the expression ZpA'K k'Xn only indicated that he is the son of an unfortunate woman and therefore there was nothing defamatory in that statement. No finding was entered by the learned Magistrate on the second ground, namely, whether the reference in the notice that the complainant was a constant defaulter in paying rent constituted defamation.

2. Aggrieved by the order of discharge, the complainant took the matter before the Sessions Judge, Tellicherry, in Criminal R. P. No. 10 of 1971. The learned Sessions Judge dismissed the revision and refused to make a reference to this Court holding that the order of discharge was correct. It is against this that the present revision is filed.

3. The facts averred in the complaint

















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