IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 17TH SEPTEMBER 2008 / 26TH BHADRA 1930 Crl.MC.No. 775 of 2008() ------------------------ C.C.NO.215/2007 OF ACJM, THIRUVANANTHAPURAM PETITIONER: ACCUSED 1 & 2: -------------------------- 1. SIMON JOSEPH, S/O.A.J.ABRAHAM, AGED 58 YEARS, T.C.NO.76/1210, BHAGAT SINGH ROAD, PETTAH, THIRUVANANTHAPURAM-695024. 2. SELINE JOSEPH, W/O. SIMON JOSEPH, -DO-. BY ADV. SRI.S.JAMES VINCENT RESPONDENTS: STATE & THE COMPLAINANT: ------------------------------------- 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, KOCHI-31. 2. G. SADASIVAN NAIR, ADVOCATE, MANIKANDA MANDIRAM, VANCHIYOOR, THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 17/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.775 of 2008 ---------------------------------------- Dated this the 17th day of September 2008 O R D E R The petitioners are the accused in a prosecution under Section 500 I.P.C. The second respondent is the complainant in that prosecution. It is alleged that against the complainant an Advocate, on 5/5/1989, a complaint was filed before the Bar Council. The Bar Council initiated proceedings on the basis of the said complaint dated 5/5/1989. A news item was published in a daily on 28/11/1992 giving details of the said complaint which details allegedly amount to imputations harming the reputation of the complainant. About that imputations complaint dated 7/2/2003 was filed by the complainant after elapse of more than a decade. Cognizance was taken by the learned Magistrate and the calender case was registered. The petitioner has come to this court to complain that the cognizance has been taken in violation of the provisions relating to limitation and that in any view of the matter cognizance taken is not justified, is barred by limitation and is liable to be quashed. Crl.M.C.No.775/08 2 2. Respondent has been served; but there is no appearance for the respondent. Report of the learned Magistrate was called for and from the report of the learned Magistrate as also from the averments in the complaint, it is seen that the complaint dated 7/2/2003 is alleged to be within time on the short reason that the Bar Council had ultimately passed final orders on the complaint only on 03/06/2002. Reckoning that as the date of commencement of the period of limitation, the complaint filed on 7/2/2003 was reckoned to be within the period of limitation and the cognizance taken is not vitiated by the bar of limitation, it is mentioned in the report of the learned Additional Chief Judicial Magistrate. Averments to that effect have seen made in the complaint filed by the complaint. 3. The learned counsel for the petitioner/accused contends that in any view of the matter, the period of limitation must be held to start from the date of the offending publication that is 28/11/1992. The closure of the proceedings before the Bar Council on 3/6/2002 cannot in any way extend the period of limitation or justify a complaint being filed on 07/02/2003 Crl.M.C.No.775/08 3 alleging defamation in respect of the publication dated 28/11/1992. The learned counsel for the accused relies on the decision in Surinder Mohan Vikal v. Ascharj Lal Chopra [1978 Crl.L.J.764]. I find merit in the objections made by the learned counsel for the accused. In any view of the matter, I am satisfied that the clock of limitation must be held to have started ticking from 28/11/1992 i.e the date on which offending publication was made. The ultimate closure of the proceedings by the Bar Council on 3/6/2002 can have no bearing on the question of limitation for prosecuting the offender for such a publication effected on 28/11/1992. In the result, a) This Crl.M.C is allowed. b) C.C.No.215/07 pending before the learned Additional Chief Judicial Magistrate, Thiruvananthapuram is hereby quashed. (R.BASANT, JUDGE) jsr Crl.M.C.No.775/08 4 Crl.M.C.No.775/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008