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2012 Supreme(Ker) 531

S.S.SATHEESACHANDRAN
Jacob Mathew – Appellant
Versus
Manikantan Alias G. Mani – Respondent


Advocates Appeared:
For the Petitioners:Mrs. Sumathy Dandapani (Sr), Millu Dandapani, Advocates.
For the Respondents:B. Mohanlal, T. Prasad, S. Saiju, Advocates, R. Ranjith, Public Prosecutor.

JUDGMENT

1. Petitioners are the accused in a pending case on the file of the Judicial First Class Magistrate Court-II, Kollam. That case has arisen on a private complaint filed by the 1st respondent alleging commission of offences under Sections 499, 500, 501 and 502 read with Section 34 of the Indian Penal Code against the accused persons – printer and publisher of a daily and its editor.

2. In the Malayala Manorama daily, in its Kollam Edition, published on 21.08.2008, four photographs over an incident were published, in which, one photograph showed the complainant more or less nude, and, that, publication has caused defamation and harm to him, was the case presented by the complainant to prosecute the printer and publisher and also the editor of the above daily for the offences stated supra. The learned Magistrate, recording the sworn statement of the complainant, ordered summons to the petitioners, the accused persons. Cognizance taken of the offences against them on the complaint is challenged in the petition invoking the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, for short, the ‘Code’.

3. Annexure A is copy of the complaint and An











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