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2022 Supreme(Mad) 662

SATHI KUMAR SUKUMARA KURUP
Nakkheeran Publications, Represented by its Publisher Nakkheeran Gopal – Appellant
Versus
C. K. Dhandapani – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:P.T. Perumal, Advocate.
For the Respondent:R. Rajesh Vivekanandan, Advocate.

JUDGMENT :

(Prayer: Criminal Original Petition filed under Section 482 of Criminal Procedure Code to quash the proceedings in C.C.No.656 of 2017 on the file of the learned Judicial Magistrate – I, Tirupur.)

1. This Petition has been filed by the Accused 2 to 8 seeking to quash the private Complaint filed by the Respondent herein in C.C.No.656 of 2017 on the file of the learned Judicial Magistrate – 1, Tirupur for the offence of defamation.

2. Mr.P.T.Perumal, learned Counsel for the Petitioners submitted that the private Complaint was filed in the year 2014. However, as per diary entries, the Complaint has been numbered in the year 2017. There is no communication as to whether the learned Judicial Magistrate recorded the sworn statement of the Respondent/Complainant which is a mandatory provision under Section 200 Cr.P.C. Further, the learned Counsel for the Petitioners submits that the Petitioners herein, who are arrayed as Accused 1 to 8 in the private Complaint, are residents of Chennai and not residing within the territorial jurisdiction of learned Judicial Magistrate – I at Tirupur. There is no communication to show that the learned Judicial Magistrate had applied his/her mind and

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