IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 Crl.MC.No. 1323 of 2010() ------------------------------ ST.2197/2009 of JUDL. MAGISTRATE OF FIRST CLASS, KUNNAMANGALAM .................... PETITIONER(S): ACCUSED NO.6 ------------------------------------- M.KESAVA MENON, EDITOR, MATHRUBHUMI DAILY, KOZHIKODE. BY ADVS. SRI.B.RAMAN PILLAI SRI.R.ANIL SRI.ANIL K. MUHAMMED SRI.SUJESH MENON V.B. SRI.JOSEPH P.ALEX SRI.SHYAM ARAVIND SRI.T.ANIL KUMAR RESPONDENT(S): COMPLAINANT -------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. K.K.KUNJIKANARAN, S/O CHATTU, 'LAKSHMI', P.O.CHEROOP, MAVUR, KOZHIKODE. R1 BY PUBLIC PROSECUTOR SRI.JAYASURYA R2 BY ADVS. SRI.P.SANJAY SMT.A.PARVATHI MENON SRI.BIJU MEENATTOOR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs ORDER ON CRL.MA. NO.2136/2010 IN CRMC. NO.1323/2010 DISMISSED 04/07/2011 SD/- B.P.RAY, JUDGE /TRUE COPY/ P.A. TO JUDGE. svs CRMC.NO.1323/2010 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A:COPY OF THE PROCEEDING OF THE MANAGING DIRECTOR OF THE MATHRUBHUMI PRINTING AND PUBLISHING COMPANY LTD., DATED 17/01/2009. ANNEXURE B:COPY OF THE COMPLAINT TAKEN TO FILE AS S.T.2197/2009 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KUNNAMANGALAM DATED 03/07/2009. ANNEXURE C:COPY OF THE SWORN STATEMENT OF THE COMPLAINANT DATED 24/07/2009. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 1323 of 2010 - - - - - - - - - - - - - - - - Dated this the 4th day of July, 2011. O R D E R Heard the learned counsel for the petitioner, learned Public Prosecutor and the learned counsel for the 2nd respondent. 2. The petitioner is the accused in S.T. No. 2197 of 2009 on the file of the Judicial First Class Magistrate, Kunnamangalam for offences punishable under Sections 120(B) and 500 r/w Section 149 I.P.C. A news item was published in the Mathrubhumi Daily on 07.09.2008 that the former Area Secretary of the Mavoor Unit of Communist Party of India (Marxist), Sri. K.P.M. Rajesekharan has been expelled from the party for presiding over the meeting at Cheroot in protest against the expulsion of the former Area Secretary K.K. Kunjikanaran and others organized by the rival factors. The second respondent made a complaint before the Judicial Magistrate of First Class, Kunnamangalam against the Chief Editor, Mathrubhumi Newspaper and six others alleging that in furtherance of a criminal conspiracy hatched by the accused, the publishing of the speech made by the accused appeared in B.A. No. 1323/2010 -:2:- newspaper. According to him, it was to defame him and his family. The further case of the complainant, the 2nd respondent is that the petitioner has received money from accused Nos. 1 to 5. Publication was made on 07.09.2008. Admittedly, the second petitioner had assumed charge as the Editor of Mathrubhumi Daily on 18.02.2009. On being questioned the learned counsel for the complainant/2nd respondent fairly states that the petitioner cannot be held liable for the alleged offence punishable under Section 500 r/w Section 149 I.P.C. He has no role to play in the said publication. Accordingly, the prosecution against the petitioner in S.T. No. 2179 of 2009 for the commission of alleged offence punishable under Section 120(B) and 500 r/w Section 149 I.P.C., cannot be sustained. Accordingly, I direct that the name of the petitioner be deleted from the aforesaid case. This Crl.M.C is disposed of as above. B.P. RAY, JUDGE. rv