1. Petitioner in Crl.P. No. 2673/2019 is before this Court

seeking for the following reliefs:

i.

That this Hon'ble Court may be pleased to

call for the records in C.C. No. 2508/2018

in the Court of the III JMFC Court,

Mangaluru.

ii.

TO set aside the order dated 14.05.2018 as

per Annexure - A passed in the Court of

the III JMFC Court, Mangaluru in P.C. No.

36/2018 passed therein taking cognizance

of the offence under Sections 500, 501 and

502 of Indian Penal Code, 1860 and

iii.

To quash the said proceedings against the

petitioner in the interest of justice and

equity.

2. Petitioner in Crl.P. No. 6888/2019 is before this Court

seeking for the following reliefs:

Quash

the

entire

proceedings

in

C.C.

No.

2508/2018 date of order 15.04.2019 in the Court of

the III JMFC Court, Mangaluru in Cr.P.C.482 which

is arising out of PCR No. 36/2018 for the alleged

offences punishable under Sections 500, 501, 502

read with 34 of IPC, 1860 produced at Document

No. 1 and 2 respectively.

- 4 -

3. A private complaint in P.C.R. No. 36/2018 was filed

by respondent before the JMFC Court III, Mangaluru,

against the petitioners in these matters and certain

others alleging that in the news paper dated

21.01.2018 there was a publication made as regards

respondent and its office bearers relating to the

excommunication of certain members. Respondent in

the said complaint alleged that the said publication

relating to the press conference is without any lawful

justification and the same is defamatory and as such,

proceedings have to be initiated under Sections 500,

501 and 502 of the I.P.C. for the offence punishable

under Section 499.

4. Aggrieved by the same, the petitioners are before

this Court.

5. Sri. S. Sriranga, learned Senior counsel appearing for

the petitioner in Crl.P. No. 2673/2019 as also Sri.

Arun Shyam, learned Senior counsel appearing for

the petitioner in Crl.P. No. 6888/2019 submit that

the publication which is made is only as regards a

- 5 -

report of the occurrences in the press conference.

Apart from said reporting of the press conference

there is no other statement which is made. The

reportage of the press conference cannot be said to

be defamatory since what has been reported is what

was stated in the press conference. They therefore

submit

that

a

news

paper

covering

a

press

conference cannot be held responsible for an offence

of defamation and as such, the proceedings being

misconceived are required to be quashed.

6. Sri. S. Sriranga, learned Senior counsel appearing for

the petitioner in Crl.P. No. 2673/2019 additionally

submits by referring to a letter dated 04.04.2018

addressed by the District Wakf Welfare Committee to

respondent No. 2 that a methodology of resolution of

the dispute inter-se has been worked out which

indicates that what was reported by the petitioners in

the news paper was truth of the matter in as much

as

there

was

a

dispute

which

led

to

its

excommunication and truth being a defence ex-facie

- 6 -

apparent from a reading of the letter dated

04.04.2018

to

an

offence

of

defamation

the

proceedings

ought

to

be

quashed

without

requirement of trial.

7. Heard the learned Senior counsel appearing for the

petitioners and perused the records.

8. Though respondent has been served, none has

entered appearance.

9. A

perusal

of

the

complaint

as

also

the

correspondence which has been enclosed along with

the petitions would indicate that indeed there was a

dispute

between

certain

members

leading

to

excommunication. This aspect was related to certain

construction activities undertaken by the Wakf which

is managed by respondent committee. The press

conference being held by one of the members of the

committee and allegations being made where Wakf

was covered in the newspaper.

- 7 -

10.

The coverage of such press conference, in my

considered opinion, cannot be said to be defamation.

If at all it is a person who made such statements in

the press conference who could be proceeded against

such defamatory statement