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SUNDER MOHAN
S. Ranganathan – Appellant
Versus
Radhakrishnan – Respondent
ORDER :
[COMMON PRAYER : Criminal Original Petitions have been filed under Section 482 of the Criminal Procedure Code, to call for the records in C.C.Nos.8360, 8357 of 2017 on the file of the XIV Metropolitan Magistrate, Egmore, Chennai and quash the same.]
The petitions are to quash the complaints filed for the offence under Section 500 IPC by the persons aggrieved by the publications made by the accused in the March 2017 Edition of Tamil Magazine called “Sindhanai Murasu”.
2. It is alleged in the complaints that the respondents in the above Criminal Original Petitions were defamed by the publications made in the said Magazine; that the petitioner was shown as a person in charge of the said Magazine. Broadly, the allegations in the complaints are that the Magazine had published an article, accusing the respondent in both the petitions herein of misappropriation of the funds of Sri Agastheeswarar Prasanna Venkatesaperumal Devasthanam (APVP) Trust in their capacity as permanent Trustees. The respondents, therefore, had filed separate complaints alleging defamation.
3. Mr. P.T. Perum
The main legal point established in the judgment is the requirement to prove that the imputations had lowered the character of the victim in the estimation of others to establish the offence of defam....
The judgment establishes the importance of specific averments in a complaint, compliance with the mandatory provisions of Cr.P.C., and the necessity of conducting an inquiry before issuing process.
The court established that for a defamation claim under IPC Sections 499 and 500, the publication must lower the reputation of the complainant, and the truth of the statements must be proven in their....
The main legal point established in the judgment is the requirement of intention, knowledge, or reason to believe that the imputation would harm the reputation of the person concerned, as essential i....
even in the complaint, there is no averment that other persons read the counter. As such it would not in any way come within the purview of defamation under Section 499 IPC.
To establish defamation under IPC, there must be evidence directly linking the accused to the publication and an intention to cause harm, which was lacking in this case.
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