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2020 Supreme(Ker) 403

P.V.KUNHIKRISHNAN
Malayala Manoram Company Ltd. – Appellant
Versus
M. M. Lawrence, S/o. Mathew (Late) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SMT.SUMATHY DANDAPANI, SRI.MILLU DANDAPANI
For the Respondent: SRI.T.D.ROBIN, SRI.E C BINEESH-PP, G.P.SRI.T.R.RENJITH

ORDER :

The above two cases are filed to quash two defamation cases, in which the complainant and 5th accused are common. Complainant is a nonagenarian and the 5th accused is centenarian. Complainant and the 5th accused are politicians.

2. An interview of the 5th accused came in the publication of the Malayala Manorama Company Ltd. and Janasakthi weekly. According to the complainant, certain portion of the interview published by Malayala Manorama and Janasakthi weekly are defamatory to him and hence he filed two complaints as C.C.No. 61 of 2011 against Janasakthi weekly and C.C.No.62 of 2011 was filed against the Malayala Manorama Company. Both cases are filed before the Chief Judicial Magistrate Court, Ernakulam and the learned Magistrate took cognizance of the offence under Section 500 read with 34 IPC. Since the complainant is common and the issue to be decided is also common, I dispose these two Criminal Miscellaneous Cases by a common judgment.

3. The petitioners in Crl.M.C.No.2044 of 2013 are accused Nos.1 to 4 in C.C.No.62 of 2011 on the file of the Chief Judicial Magistrate Court, Ernakulam. Petitioners in Crl.M.C.No.1549 of 2016 are accused Nos.1 to 4 in C.C.No. 61 of 2011.

4.

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