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2021 Supreme(Ker) 262

SUNIL THOMAS
Kesava Menon – Appellant
Versus
Bindu – Respondent


Advocates Appeared:
For the Petitioners: C.P. Udayabhanu
For the Respondents: Madhu Radhakrishnan, G. Biju, P. Radhakrishnan, M. Rajagopalan Nair, R. Rajitha, Santhosh P. Poduval, Vinaya V. Nair & Government Pleader (R.N. Maya )

ORDER :

1. Petitioners are the accused Nos.4 and 5 in C.C.No.938/2015 on the files of the Judicial First Class Magistrate Court, Kunnamkulam, for offence punishable under S.499 of the Indian Penal Code. The first petitioner is the editor of Mathrubhumi Printing and Publishing Company Limited, Kozhikode and the second petitioner is an employee of Mathrubhumi daily.

2. First respondent herein is the de facto complainant. She laid a complaint against the petitioners and respondents 2 to 4, before the Judicial First Class Magistrate Court, Kunnamkulam, alleging that publication of similar news items by the petitioners in Mathrubhumi daily and the respondents 3 and 4 in Deshabhimani daily, of which, they were the Chief Editor and printer and publisher respectively were defamatory to her. The second respondent is an elected member of the Avanoor Grama Panchayath.

3. According to Annexure-A1 complaint, complainant was the ICDS supervisor of Anganvadis in Avanoor Grama Panchayath. Second respondent herein had submitted a complaint dated 24.10.2014 to the District Collector falsely alleging that there were wide spread irregularities and falsification of records and misappropriation of funds in

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