IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 1^ST DAY OF AUGUST 2024 / 10TH SRAVANA, 1946 CRL.MC NO. 2577 OF 2015 CC NO.2156/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, ALAPPUZHA PETITIONERS/ACCUSED NOS.1 TO 4:

1 MAMMAN MATHEW CHIEF EDITOR, MALAYALA MANORAMA DAILY, HEAD OFFICE AT KOTTAYAM, K.K.ROAD, KOTTAYAM

2 JACOB MATHEW EDITORIAL DIRECTOR, MALAYALA MANORAMA PRESS AT ALAPPUZHA, KALAPPURA JUNCTION, NH 47, ALAPPUZHA 688007

3 R.KRISHNARAJ BUREAU CHIEF, MALAYALA MANORAMA DAILY, KALAPPURA JUNCTION, NH 47, ALAPPUZHA 688007

4 SRI.JOBY MATHEW LOCAL CORRESPONDENT, MALAYALA MANORAMA DAILY, KALAPPURA JUNCTION, NH 47, ALAPPUZHA 688007 BY ADV SRI.MILLU DANDAPANI RESPONDENTS/COMPLAINANT & STATE:

1 R.SASIAPPAN S/O.RAJAPPAN, PARVATHI SADANAM, PONNADU PO, ALAPPUZHA 688007

2 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI 31 BY ADVS.K.DHRUV KUMAR SHAKTHI PRAKASH(K/1170/2009)

HARIKRISHNAN M.S.(D/3672/2019)

NIDHEESH P.(K/943/2015)

SRI.RENJITH.T.R, SR.PP THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY ON 01.08.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

P.V.KUNHIKRISHNAN, J. --------------------------------

Crl.M.C. No.2577 of 2015 ----------------------------------------------

Dated this the 01^st day of August, 2024

ORDER

Petitioners are accused Nos.1 to 4 in C.C.No.2156/2014 on the file of the Judicial First Class Magistrate Court-I, Alappuzha. The above case is filed by the 1st respondent alleging offences punishable under Section 499 read with Section 34 of the Indian Penal Code.

2. The allegation raised against the petitioners by the

1^st respondent in the complaint is that the petitioners published defamatory news in Alappuzha Edition of Malayala Manorama Daily against the 1^st respondent which caused harm to his reputation. Annexure-A is the complaint filed by the 1^st respondent. It is stated in Annexure-A complaint that, on 20.07.2013, the petitioners published the news in the Daily under heading "Misappropriation in the amount collected - CPI Local Committee Secretary was removed from his post”. Annexure-B is the news paper report. According to the 1^st respondent, the news report is defamatory to him and hence the complaint.

3. According to the petitioners, the 4^th petitioner, who is local correspondent of the Daily, received the information from Communist Party of India (CPI), and made a thorough enquiry into the matter and came to know that there were complaint against the 1^st respondent regarding the amount collected in the construction of Local Committee Office. It is also came to the knowledge of the 4^th petitioner that, 4 complaints were lodged by Mararikulam Mandalam Secretary of CPI, Sri. Harshakumar regarding the siphoning of the amount collected is the submission. It was also revealed from the enquiry of the 4^th petitioner that the 1^st respondent was called at the CPI Mandalam Committee Office on the basis of the complaint against him. An explanation was sought for from the 1^st respondent on 25.10.2012 is the information received by the 4^th petitioner. As per the direction of the District Committee of the party, the 1^st respondent was called to the party office and sought explanation regarding the complaint, and the 1^st respondent tendered resignation is the information received by the 4^th petitioner. However, as per the direction of the District Administration of the CPI, the 1^st respondent was warned and directed to continue in the same post. It is submitted that the disputed news item was published on the basis of the information from Party Officials. It is submitted that the 1^st respondent issued a lawyer notice against the petitioners, with a demand that if the petitioners failed and neglected to acknowledge the mistake on their part in the matter of publishing the said news item and republish the true fact of the whole matter in Alappuzha Edition of petitioners’ Daily, the 1^st respondent will initiate appropriate legal proceedings. A