Defamation requires proof of intention to harm reputation; mere publication without such intent does not constitute an offense under Section 500 IPC.

​ The petitioners, who are accused Nos.2 & 3 in C.C.No.1392/2017 on the files of the Judicial First Class Magistrate Court, Mattannur, have filed this petition under Section 482 of the Code of Criminal Procedure , 1973, for quashing the proceedings against them in the said case. The offence alleged is defamation punishable under Section 500 of the Indian Penal Code , 1860, (in short, ‘ IPC '), which the accused allegedly committed in connection with the publication of news items in a leading Malayalam daily newspaper on 10.08.2017 and 11.08.2017. The petitioners herein are arraigned in the complaint filed before the Trial Court in their capacities as the Chief Editor and Printer and Publisher, respectively, of the above said newspaper. ​

2.​ The controversial news items published in that newspaper was about the act of the defacto complainant/first respondent, a CPM leader, manhandling a lady party worker belonging to the dalit community. In the first news item published on 10.08.2017, the name of the defacto complainant was not referred. However, in the second news item published on 11.08.2017, the name of the defacto complainant as well as his relationship as the husband of a State Minister, is seen revealed. The sum and substance of the first news item contained in Annexure-A is that the lady who was subjected to physical assault by a Senior CPM leader of Mattannur Municipality had preferred complaints before the District Secretary and State Secretary of CPM against the above act of the defacto complainant. The altercations which followed between the husband of that lady, and the defacto complainant are also referred in that news item. The above news report concludes with the remark that there are other allegations as well against the defacto complainant about his failure to issue receipts for the huge amount obtained from many persons as election fund. ​

3.​ In the second news item shown in Annexure-B, it is stated that the Central leadership of the CPM had instructed the State leadership to initiate action against the defacto complainant in connection with the aforesaid assault upon that dalit lady. In addition to the details of the incident mentioned in the complaint of the aggrieved lady, it is stated in that news report that the State Secretary and the District Secretary of CPM did not take any action on the complaint preferred by that lady.

4.​ Alleging that the above news items published by that daily newspaper contained imputation which would harm the reputation of the defacto complainant, a private complaint was preferred before the Jurisdictional Magistrate. The first accused arraigned in that complaint is said to be the local Reporter of that daily newspaper. The learned Magistrate, after recording the sworn statements of the defacto complainant and witnesses, issued summons to the petitioners herein and the first accused to appear before the said Court to answer the accusation under Section 500 IPC .

5.​ In the present petition, the petitioners would contend that the allegations levelled by the first respondent in the aforesaid complaint will not constitute the offence under Section 500 IPC . It is the further contention of the petitioners that they are not liable to be proceeded against for the alleged defamation suffered by the first respondent due to the publication of the news items.

6.​ Heard the learned counsel for the petitioners, the learned counsel for the first respondent and the learned Public Prosecutor representing the State of Kerala.

7.​ A reading of Annexure-C complaint preferred by the defacto complainant before the learned Magistrate would reveal that the grievance of the defacto complainant was that the first accused, who was the local Reporter of that daily newspaper, nurtured enmity with the defacto complainant who was the Chairman of Mattannur Municipality, due to the steps taken by the Municipality against the above accused for illegal subletting of the room of Municipal building occupi