HON’BLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No.7767 of 2017

ORDER

Heard Sri M.Pavan Kashyap, learned counsel representing Sri Venkat Reddy Kodumuri, learned counsel for the petitioner, Sri M.A.K.Mukheed, learned counsel appearing for respondent No.1 and Mrs. Shalini Saxena, learned counsel representing learned Public Prosecutor, appearing for respondent No.2. Perused the record.

2. This Criminal Petition is filed under Section 482 of Cr.P.C to quash the proceedings against the petitioner herein in C.C.No.134 of 2022 on the file of the Special Judicial Magistrate of First Class for Excise, Hyderabad.

3. Petitioner herein is accused No.1. The offences alleged against him are under Sections 500 and 501 read with 34 of IPC.

4. Perusal of record would reveal that respondent No.1 has filed a complaint under Section 200 Cr.P.C. before learned Magistrate alleging that the petitioner herein - accused No.1 addressed a press conference at Hyderabad on 12.04.2016 stating that “Asaduddin Owaisi (President of Majlis and AIMIM) shall only contest the Places in Election where financial benefit lies”. The same are defamatory in nature to defame the political party i.e., AIMIM. Respondent No.1 is the Joint Secretary of the said party. Therefore, the said allegation made by the petitioner herein is defamatory in nature not only against the President and also against respondent No.2.

5. It is further alleged that accused No.2 knowing fully well that the statement made by the petitioner - accused No.1 is defamatory to defame the complainant’s political party, AIMIM, the complainant and his President Mr.Asaduddin Owaisi’s image in the general public had published the said statement without any cogent evidence. Accused No.2 ought to have cautiously investigated the statement made by accused No.1 mentioned above.

6. It is further alleged by respondent No.1-complainant that accused Nos.1 and 2 have passed defamatory remarks against the complainant’s political party and its party leaders in the past. It is further alleged that due to defamatory and false news item on 13.04.2016 by accused No.2 based on the statement of accused No.1, the complainant was shocked after reading the said false and defamatory news and has undergone mental trauma, as he is Joint Secretary of the said party. He has received hundreds of phone calls by the people, friends, relatives, family members etc. Subsequently various people met the complainant personally expressing their sympathy on the said false and defamatory news and various persons passed sarcastic comments. Thus, accused Nos.1 and 2 have accused the complainant’s political party and its President Mr.Asaduddin Owaisi for the act which they have not done. Further, the said statement was unwarranted and uncalled for, as such the complainant was defamed by accused Nos.1 and 2.

7. Challenging the said proceedings, petitioner - accused No.1 filed the present Criminal Petition under Section 482 of Cr.P.C. to quash the same.

8. Learned counsel for the petitioner would contend that respondent No.1 is not an aggrieved party in terms of Section

199 of Cr.P.C. The contents of complaint lack the ingredients of Section - 499 of IPC. Respondent No.1 has filed another complaint with regard to some other incident against the petitioner herein vide CC SR No.2598 of 2017 and the same was dismissed vide order, dated 22.02.2018 by learned VIII Additional Chief Metropolitan Magistrate, Hyderabad. He has also filed a suit vide O.S.No.491 of 2017 against the petitioner herein for perpetual injunction restraining him and his henchmen from uttering any words against respondent No.1 and his political party. The petitioner herein filed I.A.No.783 of 2023 in the said suit under Order VII Rule 11 read with Section 151 of C.P.C. to reject the said plaint. Vide order, dated 30.01.2024, learned VIII Junior Civil Judge, City Civil Court, Hyderabad, allowed the said application and rejected the plaint. There is no challenge to the aforesaid two order