O R D E R

This Criminal Original Petition has been filed to quash the final report filed in S.C. No.20 of 2017 on the file of Assistant Sessions Judge cum Chief Judicial Magistrate Court, Puducherry for the offence under Sec.124-A I.P.C. against the petitioner.

2. It is the case of prosecution that the petitioner is an editor of Weekly Tamil News Magazine “Namadhu Manasatchi” and they have printed and published a news article captioned “fhyhtjp” with pictures such as OPD. Slip No.OP-15-0499575, Dated 19.10.2015 relate to Baby Vishalini, aged 4 years at Puducherry issued at the Indira Gandhi Government General Hospital and Post-Graduate Institute, Puducherry and the medical syrup bottle with label carrying details that “manufacturing date as March 2015” and the “expiry date as August 2016”(it is seen from the label showing that the medicine has been prescribed to the patient well within the expiry date of the medicine) and also has falsely published that expired medicines are given to patients in the Indira Gandhi Government General Hospita, Puducherry. Thus, the accused had excited hatred, contempt and disaffection towards the Government, created a fear in the minds of the public, damaged the image of the Government as well as the medical profession and tarnished the image of the medical service to the public by the Government, also created ill-feeling and enmity between the medical profession and the public and also caused annoyance to the public, thereby rendered himself liable to be punished under Sec.124-A I.P.C. 3. Mr.T.Saikrishnan, learned counsel appearing for petitioner would contend that the prosecution is nothing, but abuse of process of law. He would submit that the petitioner had published a news citing that expired medicines are given to a patient in a Government Hospital, which does not amount to exciting hatred, contempt and disaffection towards the Government. What has been published is expressing as to the measures of the Government with a view to obtain their alteration by lawful means. Hence, such publication never amounts to exciting hatred, contempt or disaffection towards the Government. Therefore, he prayed that as the prosecution is nothing, but abuse of process of law, the final report is to be quashed.

4. Mr. V.Balamurugane, learned Addl. Public Prosecutor (Pondy.)

appearing for respondent would submit that the accused has falsely published a news item as if expired medicines prescribed to the patients in the Government Hospital, which has excited hatred towards the Government. Therefore, he opposed to quash the final report.

5. Heard both learned counsel appearing for petitioner as well as respondent and perused the records.

6. Normally, when the materials collected by the prosecution indicates that there are prima facie materials to proceed with the case for trial against the accused and this Court, which exercising its jurisdiction under Sec.482 of Cr.P.C. would not interfere with final report, but, at the same time, when the prosecution itself is not maintainable in the eye of law. Hence, this Court can very well interfere with under Sec.482 of Cr.P.C. The only allegation made against the petitioner is that he has published an article in a magazine citing that some expired medicines prescribed to one of a child in the Government Hospital. On perusal of magazine, this Court is of the view that what has been published is only a statement to the effect citing that some expired medicines prescribed in the Government Hospital and it has been brought to the notice of the Government. It is relevant to note that any comments expressing disapprobation and measures of the Government with a view to obtain their alteration by lawful means without exciting hatred, contempt or disaffection towards the Government would not constitute an offence under Sec.124-A I.P.C. Similarly, any comments expressing the disapprobation on the actions of the Government without exciting hatred or contempt or attempts to excite disaff