T SATISH U PAI Vs. NARAYAN NAGAPPA NAYAK

JUDGEMENT

(1.) PETITION filed under Section 482, Cr. P. C. for quashing of the proceedings in C. C. No. 1849/2001, arising out of the private complaint in PC. No. 35/2001 on the file of the J. M. F. C. , Bhatkal. The respondent has filed a private complaint against the petitioner for committing an offence punishable under Section 500, Cr. P. C. There appears to be a property dispute between the respondent and one Subbaiah who is a third party. The complaint was given by Subbaiah against the respondent before the Bhatkal Police and the same was registered in Crime No. 33/2000. In the said complaint Subbaiah has alleged that the respondent had acted high handedly and assaulted by chasing Subbaiah and his family members. The offence of trespass into the house and perpetrated violent Acts in the premises of Subbaiah. Based on the said information with the police, the petitioner published a news in UDAYAVANI newspaper, Kannada daily. The respondent, being aggrieved by the news item, has filed the private complaint alleging that the averments made in the news item are false and defamatory. The JMFC, after taking cognizance, recorded the sworn statement and directed the issuance of process. The petitioner, being aggrieved by the said order, has filed this present petition seeking quashing of the proceedings.

(2.) THE respondent has appeared through a counsel.

(3.) IN this petition, the petitioner has produced the copy of the FIR lodged by Subbaiah and also the charge-sheet filed by the police pursuant to the pursuant to the said FIR. It is the contention of the respondent that the contents of the news item are palpably false giving deliberately a distorted version of the incident.