THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.3195 of 2011 Date: 15.04.2011 Between: Nettam Srirama Chowdari …..Petitioner And The State of A.P., rep. by Public Prosecutor, High Court of A.P., Hyderabad & another. …..Respondents THE COURT MADE THE FOLLOWING: THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.3195 OF 2011 ORDER: Heard Sri Posani Venkateswarlu, learned Counsel for the petitioner. 2. The petitioner herein is the accused in C.C.No.216 of 2009 on the file of the Court of V Additional Judicial Magistrate of First Class, Nellore. It relates to offence of defamation punishable under Sections 500 IPC and 501 IPC and it was taken cognisance by the learned V Additional Judicial Magistrate of First Class, Nellore on a private complaint filed by the 2nd respondent herein. 3. It should be noted that both the petitioner and the 2nd respondent are close relatives i.e., the petitioner’s wife is none other than the sister of the wife of the 2nd respondent. It may be noted that in para 4 of the complaint the contents of the pamphlet said to have been published by the accused are given and that pamphlet is in Telugu. The substance of that pamphlet is that the petitioner took a loan from the complainant and paid only in part and its further averments are to the effect that the petitioner is an evading type person and he evaded repaying the loan in full. I have seen the actual Telugu words. They may prima facie show defamation, but whether the offence of defamation is committed or not by the petitioner is to be decided on evidence. 4. It may also be noted that the petitioner has denied that he has published the pamphlet which is in question. This is also a question of fact, which has to be decided on evidence. 5. In the above circumstances, it is not possible for the Court to interfere in the matter. Accordingly, this Criminal Petition is dismissed. 6. It is however brought to my notice by the learned Counsel for the petitioner that the petitioner is now aged about 65 years and he is also stated to be a diabetic and he cannot attend the Court for each and every date of hearing. In the circumstances, it shall be open for the petitioner to make an application to dispense with his attendance before the Court. The learned Magistrate may consider it and pass appropriate orders having regard to the age of the petitioner and his ailment. It is made clear that this order shall not be understood to place any fetters on the discretion of the Magistrate or his powers in disposing of the matter in accordance with law. _________________________ JUSTICE N.RAVI SHANKAR 15th April, 2011 Tjmr THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.3195 of 2011 DATE: 15.04.2011