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2022 Supreme(Ker) 11

SOPHY THOMAS
Mathrubhoomi Illustrated Weekly – Appellant
Versus
P. Gopalankutty, S/o Achuthan Nair – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.C.P.UDAYABHANU
For the Respondent: SRI.M.C. ASHI, adv

ORDER :

This Crl.M.C has been filed by the accused in C.C No.931 of 2013 on the file of Additional Chief Judicial Magistrate (Economic Offences) Court, Ernakulam, to quash the entire proceedings in that case, which was initiated on a private complaint filed by the 1st respondent, who is the State Secretary of the Rashtriya Swayamsevak Sangh (RSS), alleging offences punishable under Sections 120B, 153A, 500 read with Section 34 of IPC.

2. The 1st respondent filed Annexure-I complaint alleging that the article written by A8, translated by A9 and published by 1st accused Mathrubhoomi weekly contained imputations, which were defamatory and misleading, lowering the reputation of RSS in the public. Moreover, the article published was capable of promoting enmity between different groups on the grounds of religion, prejudicial to communal harmony. The complaint was filed against nine persons including Mathrubhoomi Illustrated Weekly, its printer, publisher, editor etc.

3. Learned ACJM (EO), Ernakulam conducted an enquiry and took cognizance of the offences punishable under Sections 500 and 501 against R2 to R9, and took cognizance of the offence punishable under Section 502 IPC also, against

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