THE HONOURABLE SRI JUSTICE A.GOPAL REDDY Crl.P.No.3238/2007 Dt.7-10-2010 1. Dr. Gollangi Jagannadham and others. ..Petitioners V. 1.State represented by its Public Prosecutor, High Court of A.P., Hyderabad ..Respondents The Court made the following: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY Crl.P.No.3238/2007 ORAL ORDER This petition under Section 482 Cr.P.C., to quash the proceedings initiated against the petitioners/A-1 to A-6 in CC No.56/2007 on the file of Judicial Magistrate of First Class, Amudalavalasa, Srikakulam District. The second respondent-defacto complainant filed a complaint on the basis of a press conference attended by the Doctors (petitioners herein) stating that they made derogatory statements against the complainant and the same was published in the Vaartha newspaper on 5-10-2005 and Eenadu newspaper on 5- 10-2005. The complaint lodged against the petitioners discloses that complainant’s mother Suramma went to Headquarters Hospital, Srikakulam and was admitted in the hospital as an inpatient on 23-6-2005 under petitioner No.3 (A- 3) and petitioners 3 to 5 (A-3 to A-5) conducted surgery to the complainant’s mother on 23-6-2005 and later she went into Coma and died on the early hours of 25-6-2005. On the same day, the complainant’s father alleged that the deceased died due to negligence, improper treatment and deficiency in service on the part of the petitioners 3 to 5 and submitted a report before II Town Police Station, Srikakulam. On the basis of the said complaint, police registered Cr.No.102/2005 for the offence under Sec. 304-A IPC. On registering the crime, the above press conference was convened, where, the petitioners alleged that the complainant, who is a practicing advocate, came to the Doctors and blackmailed them and as they did not yield to the blackmail tactics, the present complaint has been filed. They further alleged that the complainant threatened them that they would kill the petitioners 3 to 5 (A-3 to A-5) by joining with the naxalites. The said news item published in the newspapers, prima facie, amounts to defaming the advocate as if he is really having connection with the naxalites, which is a banned organization. By publishing the same, the image of the complainant, who is an advocate, has been tarnished. In view of the same, it is not a fit case to quash the proceedings at the initial stage. Since the publication made on the statement said to have been made by the petitioners levelling several allegations against the defacto complainant is hearsay evidence, it is always open for them to file an application for discharge stating that news report in so far as complainant is concerned is not correct. The Criminal Petition is accordingly dismissed. ______________ A.GOPAL REDDY,J Dt.7-10-2010 kmr