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2022 Supreme(Mad) 447

G.R.SWAMINATHAN
Maridhas – Appellant
Versus
S. R. S. Umari Shankar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.Anantha Padmanabhan, Mr. M. Karthikeyavenkatachalapathy
For the Respondent: Ms.P.Malini

ORDER :

1. Heard the learned counsel on either side.

2. Feeling aggrieved by the petitioner's YouTube Video posted on 03.01.2020, the respondent herein filed the impugned private complaint under Section 500 of IPC. The jurisdictional magistrate took cognizance of the offence and issued summon to the petitioner. To quash the same, this criminal original petition came to be filed.

3. The learned counsel appearing for the petitioner reiterated all the contentions projected in the memorandum of grounds and submitted that the impugned complaint is not maintainable.

4. Per contra, the learned counsel appearing for the complainant submitted that the impugned complaint is very much maintainable. She took me through the contents of the impugned complaint and pointed out that the words uttered by the petitioner are on the face of it defamatory. The petitioner has without any justification made defamatory statements against Dravida Munnetra Kazhagam. The complainant is an office bearer of the party. He was therefore entitled to file the impugned complaint. A reading of the complaint would show that all the essential ingredients of the offence of the defamation are present in this case. The compla

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