- (1.) THE petitioner/accused seeks for the quashment of C.C.No.803 of 2013 on the file of the Chief Metropolitan Magistrate, Hyderabad. The 1st respondent/de facto complainant claims that she is the Managing Director of Nugget Estates Private Limited and Nugget Realty and Ventures Private Limited. M/s. Nugget Estates Private Limited represented by the de facto complainant as the Managing Director filed W.P.No.3319 of 2013 on the file of this Court questioning the registration of a Society. The petitioner herein as the President of Belvedere Residents Welfare Association filed a counter. Alleging that defamatory statements were made in the counter, the 1st respondent filed a complaint before the Chief Metropolitan Magistrate, Hyderabad. The same was taken on file under Section 499 IPC. Questioning the same, the present petition is laid.
(2.) THE learned counsel for the petitioner placed reliance upon G.JANARDHANA REDDY v. A.NARAYANA REDDY . In that case, a learned Single Judge of this Court held that pleadings such as written statement, counter and appeal grounds and evidence by way of affidavit cannot be considered to be defamatory in nature since they are not tantamount to general publication. I respectfully disagree with this view. I consider that any claim in a written statement, counter or evidence is tantamount to a publication, which is viewed not only by the other side but also by the counsel, perhaps the Pleaders Clerk, Judge and the staff of the Court and particularly the Bench Clerk. Consequently, the contentions in the counter certainly are liable to be treated as publication within the meaning of Section 499 IPC. In JEFFREY J. DIERMEIER v. STATE OF W.B. , the question whether the publication was in good faith or for public good was held to be a question of fact which required evidence and that a petition could not be quashed on that ground. However, the learned counsel for the petitioner contended that the petitioner is not claiming any exemption under Section 499 IPC, Tenth Exception and that the alleged imputation falls within the Ninth Exception of Section 499 IPC.
(3.) SECTION 499, Ninth Exception reads: Imputation made in good faith by person for protection of his or others interests: - - It is not defamation to make an imputation on the character of another provided that the imputation be made in good faith for the protection of the interest of the person making it, or of any other person, or for the public good.;