TULASAMMA AND OTHERS Vs. G. RAVIKUMAR AND OTHERS
LAWS(KAR)-2001-9-67
HIGH COURT OF KARNATAKA
Decided on September 11,2001

Tulasamma And Others Appellant
VERSUS
G. Ravikumar And Others Respondents


Referred Judgements :-

STATE OF KARNATAKA VS. MUNISWAMY [REFERRED TO]
HARBHAJAN SINGH VS. STATE OF PUNJAB [REFERRED TO]
NAGAWWA VS. VEERANNA SHIVALINGAPPA KONJALGI [REFERRED TO]
STATE OF WEST BENGAL VS. SWAPAN KUMAR GUHA:SANCHAITA INVESTMENTS [REFERRED TO]
STATE OF HARYANA VS. BHAJAN LAL [REFERRED TO]


JUDGEMENT

S.R.BANNURMATH, J. - (1.)HEARD the learned Counsel for the Petitioners.
(2.)I have heard the Counsels on both the sides and perused the records made available.
Being aggrieved by the order of the learned Magistrate dated 14.9.1999, taking cognizance against the Petitioners for the offences under Sections 500, 501 and 502 of Indian Penal Code and issuing process against the Petitioners in PCR 14 of 1999 (in CC No. 3382 of 1999), the Petitioners have approached this Court in the present petition.

(3.)AS per the complainant, he is a social worker of good repute being well -known figure in Chikmagalur District, a former Youth Congress President and at the relevant time was leader of BJP as well as officer bearer in Autorickshaw Driver's and Owner's Association, Chikmagalur and has no blemish in his social life. It is alleged that inspite of these circumstances known, the Petitioners who are arrayed as Accused Nos. 1 to 6 called a press meeting on 19.1.1999 and for have made a statement which is not only false, baseless and frivolous but also defamatory in nature intending to harm the reputation and name of the complainant. According to the Complainant, this press report was published in a Newspaper -Jilla Suddi Madhyama, a daily Newspaper from Chikmagalur on 20.1.1999 of which the Accused Nos. 7 and 8 (Respondents 2 and 3 herein) are Editors and Publishers of the said Newspaper. As such, the present Private Complaint under Section 200 Code of Criminal Procedure for the offences under Sections 500, 501, 502 of Indian Penal Code has been filed. After receipt of complaint, cognizance was taken and after recording the sworn statements of the Complainant and the witness, by the impugned order, the learned Magistrate has ordered for issue of process against the Petitioners. Aggrieved by the order of issuing process, the present petition to quash the entire proceedings has been filed.


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