K M MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) We grant special leave and proceed to dispose of the matter.

(2.) This appeal against a decision of the Kerala High Court raises an important question concerning the power of the Magistrate to drop proceedings against an accused in a summons-case after process is issued.

(3.) The facts are simple. K. M. Mathew - appellant is the Chief Editor of Malayala Manorama. It is a daily newspaper with wide circulation in the State of Kerala and seems to be the largest language newspaper in India. Separate editions of the newspaper are published from different centres, namely, Trivandrum, Kottayam, Cochin and Calicut. At each of these centres, there is a separate Editor who is responsible for selection and publication of news items. The Chief Editor is based at Kottayam and he is responsible for the general policy of the Daily and various other publications of the Manorama group of publications. Respondent No. 2 is an advocate. He was aggrieved by a news item published in the Daily. His case was that the news item was published with the sole object of ridiculing and defaming him. He lodged a complaint before the Court of Additional Judicial Magistrate against the Chief Editor, the Printer and Publisher of the newspaper alleging that they have committed an offence punishable under Ss. 500 and 34, I.P.C. The learned Magistrate examined the complainant on oath and took the complaint on file as CC 496/85. He issued summons to the accused. The accused upon service entered appearance and pleaded not guilty.