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HIGH COURT OF KERALA
G. GIRISH, J
SEBASTIAN PAUL – Appellant
Versus
SHRI P.R. ASHOKAN – Respondent
| Table of Content |
|---|
| 1. allegations against a lawyer leading to defamation claims. (Para 1 , 2) |
| 2. arguments for quashing based on similarity with earlier cases. (Para 3 , 4) |
| 3. nature of substantial offences and the burden of proof. (Para 5 , 6) |
| 4. definition of person aggrieved as per ipc and crpc. (Para 7 , 8 , 9) |
| 5. court's application of previous rulings on defamation. (Para 10) |
ORDER
The accused in C.C.No.728 of 2018 on the files of the Judicial First Class Magistrate Court, Taliparamba, a lawyer cum journalist, has filed this petition under section 482 Cr.P.C to quash the proceedings in the said case.
2. The allegation against the petitioner is that he made a speech at a gathering of journalists at Kozhikode on 20.10.2016 denigrating the lawyer community and thereby committed the offence under Section 500 I.P.C. The above speech was made at a time when there existed strife between the lawyers and journalists in Kerala in connection with some incidents of tussle between them. According to the complainant, a practising lawyer at Taliparamba, who preferred this private complaint against the petitioner, the petitioner compared the lawyer community with street dogs in the above speech whic
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