An advocate is protected by Exception IX to Section 499 of the Indian Penal Code, which provides that a communication made in good faith for the protection of the interests of the person making it, or of any other person, is not defamation.

The petitioner is seeking for quashing a private complaint preferred by respondent No. 1 on the file of the Chief Judicial Magistrate, Nagercoil, under Section 500 of Indian Penal Code.

2. The facts alleged are shortly these : -

The petitioner is a practicing Advocate in this High Court. While discharging his professional duty he was approached by Respondent No. 2 to give reply to the notice issued by his wife. He issued a reply on the written instructions from his client, who appended his signature on each page of the reply. That respondent No. 1, herein is the father in law of respondent No. 2 who filed the complaint against the petitioner and respondent No. 2, herein for an offence under Section 500 of Indian Penal Code, alleging that the averments in the reply notice are made with intention to harm his reputation and that both the accused joined together published the same to lower his reputation and thus they are punishable for the offence under Section 500 of Indian Penal Code. The averments made in the reply notice reads thus :

"Your client hardly addressed him with any respect and used to call him only "VADAA PODAA". Your client used to often kick my client and given virtual blow to him. Your client's family members such as her father by name K. Rajamani is drunkard of extreme nature and her own younger brother by name R. S. V. S. Kumar (as shortly called) has got the reputation of being behind the bar for eve teasing. These things could easily illustrate the formation and background of your client. It is needless to say that though your client has got post graduate degree in academic curriculam she does not possess even elementary requirements of a wife. It only proves the education will not bring culture. She inherited the qualities of the family and started giving perennial trouble to my client."

The averment that" he never wanted to have abusive words from the drunkard father-in-law or to stand as surety to his brother-in-law who was detained on the charge of eve teasing."*

which persuaded the complainant to prefer the complaint for an offence under Section 500 of Indian Penal Code.

3. That respondent No. 2 herein contended that his counsel acted on his instructions and reproduced the averments he had made already in the earlier petition M. M. O. P. No. 84 of 1989 filed for divorce, which was much earlier to the reply notice. He has further stated that in order to bring pressure upon him he has invoked the process of the Criminal Court to deter his advocate from discharging his professional duties towards his client and that the petitioner herein never acted with any alice and he just discharged his professional duty and settled the reply on his instructions and he has signed at every page of the reply notice.

4. The point for consideration is whether an advocate can be prosecuted for an offence under Section 500 of Indian Penal Code for the averments made in any pleadings including notices and reply notices on instruction of his client and would come under exception IX to Section 499 of the Indian Penal Code.

5. I have carefully gone through the complaint. The petitioner has issued the reply notice on instructions of his client, respondent No. 2 herein. Even prior to the filing of the complaint, there were exchange of notices between the parties and those averments referred to in the reply notice were there even in earlier proceedings. There are no. averments in the complaint that the petitioner herein had any ill will, hatred or motive against respondent No. 1 herein in sending the reply notice and it has been stated in the reply notice that on instruction of his client, he has issued the reply notice, . which is nothing but discharging his professional duty and he has personal animosity against respondent No. 1. In these circumstances it has to be seen whether the petitioner could be proceeded under Section 500 of Indian Penal Code in respect of a defamatory statement contained in the reply notice.

6. In the