ORDER:- This is a revision which has been preferred against the order made by the Additional First Class Magistrate, Pollachi, M. P. No. 67 of 1957 in C. C. No. 88 of 1957.

2. The first respondent before us Thangavelu stood for election to the Madras Legislative Assembly in the recent general elections. He was the nominee of the Praja Socialist Party supported by the Communist Party, and was being opposed by a Congress Party candidate. In these circumstances a printed notice was published and circulated by the revision petitioners before us. That notice contained a series of rhetorical questions whether it was true or not that this Thangavelu used to receive money and withdraw from contest in elections.

Beyond these rhetorical questions no particulars are mentioned which would enable this Thangavelu to refute them. In fact this Thangavelu in his evidence as P. W. 1 in the lower court has categorically denied all those allegations and has given adequate explanations for his withdrawals at the end. Thangavelu filed a complaint for an offence under S. 500 I. P. C., against the revision petitioners for statements which are per se defamatory. They then filed an application M. P.