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2013 Supreme(Ker) 410

K.RAMAKRISHNAN
Jacob Mathew – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Millu Dandapani, Advocate.
For the Respondents:R1, P.P. Padmalayan, Public Prosecutor, R2, Cibi Thomas, Advocate.

Judgment :

This is a petition filed by accused Nos.1 to 3 in CC No.424/2010 on the file of the Judicial First Class Magistrate Court, Mattannur, to quash the proceedings under Section 482 of the Code of Criminal Procedure Code (hereinafter referred to as the Cr.P.C.).

2. The case of the petitioner in the petition was as follows : Petitioners are accused Nos.1 to 3 in CC No.424/2010 on the file of the Judicial First Class Magistrate Court, Mattannur. Annexure A complaint in CC No.424/2010 was filed by the 2nd respondent herein, alleging commission of offence punishable under Section 500 read with Section 34 of the Indian Penal Code (hereinafter referred to as the IPC), on the allegation that the imputations contained in Annexure B news item caused defamation to the complainant and to the tribal community, to which he allegedly belong.

3. Annexure B news item contains only the opinions and allegations of the office bearers of Democratic Women Association, to conduct a survey and enquiry into the Tribal area of Aaralam, pursuant to which, they filed Annexure C complaint before the Kerala Human Rights Commission.

4. The imputations in Annexure B news item are supported by truth. The new





























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