IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 Crl.MC.No. 3857 of 2006() ------------------------- CC.1217/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KUNNAMKULAM .................... PETITIONER(S): IIND ACCUSED --------------------------- K.C.VENUGOPAL, THE NEW SUNDAY EXPRESS PRINTER AND PUBLISHER, KALOOR, KOCHI, (NOW GENERAL MANAGER (SALES), EXPRESS GARDENS, 29, IIND MAIN ROAD, AMBATTUR INDUSTRIAL ESTATE, CHENNAI-600 058.) BY ADVS. SRI.U.K.RAMAKRISHNAN, SR. ADVOCATE SRI.E.K.MADHAVAN SRI.P.V.LOHITHAKSHAN RESPONDENT(S): --------------- 1. KURIYAPPAN, S/O.THARAKAN THOMA, PALAKKATT PAYYOOR DESOM, CHOONDAL VILLAGE, THALAPPILLI TALUK, THRISSUR DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI.B. VINOD THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 08/08/2011 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl. M.C No.3857/2006 -2- APPENDIX PETITIONER'S ANNEXURE'S ANNEXURE - A : TRUE COPY OF THE SUNDAY EXPRESS DAILY DATED 9-11-2003. ANNEXURE - B : TRUE COPY OF THE PRIVATE COMPLAINT CC No.1217/2005 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KUNNAMKULAM. RESPONDENT'S ANNEXURE'S - NIL //TRUE COPY// P.A. TO JUDGE AMG B.P. RAY, J. ------------------------------------------------- Crl. M.C No. 3857 OF 2006 ------------------------------------------------- DATED THIS THE 8th DAY OF AUGUST, 2011 O R D E R Heard Learned Counsel for the petitioner and the learned Public Prosecutor. Petitioner, the printer and publisher of an english daily named 'New Indian Express', has been made an accused in CC No.1217/2005 on the file of Judicial First Class Magistrate Court, Kunnamkulam registered for offence punishable under Sections 499, 500 read with 34 of IPC. The allegation against the petitioner is that petitioner had published a news item “AIDS Test may be made mandatory”. The 1st respondent herein alleged that the above news item is defamatory to the residents of the Koonammochi area. I have gone through the news items as well as the complaint. I do not find any prima facie case so as to attract offence punishable under Sections 499, 500 read with 34 of IPC. Hence, I direct that C.C No.1217/2005 pending on the Crl. M.C No.3857/2006 -2- file of the Judicial First Class Magistrate Court, Kunnamkulam, is liable to be quashed on the ground that pendency of the case will be an abuse of process of court. Therefore, I direct that the case against the petitioner be treated as closed. Crl. M.C is allowed. Sd/- B.P. RAY, JUDGE. AMG True copy P.A to Judge