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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN
Vignesh.S @ Vicky Kannan – Appellant
Versus
Elamparithi – Respondent
ORDER :
G.K. ILANTHIRAIYAN, J.
This criminal original petition has been filed praying to quash the proceedings in CC.No.11750 of 2022 pending on the file of the Chief Metropolitan Magistrate Court, Egmore, Chennai against the petitioner.
2. The respondent filed a private complaint alleging that the petitioner has deliberately involved in malicious, reckless defamatory publications against him in multiple public platforms including YouTube interviews and Facebook posts using abusive and scandalous expressions. The petitioner also made allegations against the respondent that he has criminal antecedents without any lawful adjudication. It was alleged that the respondent falsely represented himself as Professor and thereby misled the Government as if he pursued Master Degree in Criminology Department at Madras University and is also pursuing Ph.D. in the said University. On the complaint, the trial court had taken cognizance for the offence punishable under Sections 499, 500 IPC & 120 B of IPC and issued summons.
3. The learned Senior Counsel appearing for the petitioner submits that the petitioner is a journalist in a YouTube channel named ‘Desathin Kural’ and he is also a coordinator of
Defamatory publications protected under Section 499 IPC exceptions for public good, good faith, and protection of interests if supported by evidence.
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.
A person cannot be held liable for defamation without evidence of intent to harm or direct involvement in the publication of defamatory statements.
A lack of governmental consent under Section 196(2) Cr.P.C. does not bar prosecution for defamation offences, emphasizing the media's role in reporting on public matters.
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