IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 Crl.MC.No. 2627 of 2006() ------------------------- CC.269/2000 of CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM .................... PETITIONERS/ACCUSED NOS.1,2 & 3: --------------- 1. A.MOHAMMED ALI, EDITOR, PRINTER AND PUBLISHER, 'MADHYAMAM' WEEKLY, P.B.NO.1708, SILVER HILLS, KOZHIKODE. 2. C.RADHAKRISHNAN, THE CHIEF EDITOR, 'MADHYAMAM' WEEKLY, P.B.NO.1708, SILVER HILLS, KOZHIKODE. 3. P.K.PRAKASH, REPORTER, 'MADHYAMAM' WEEKLY, P.B.NO.1708, SILVER HILLS, KOZHIKODE. BY ADV. SRI.S.RAJEEV RESPONDENTS/COMPLAINANTS/STATE: --------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR. 2. M/S.TATA TEA LTD., REGIONAL OFFICE, MUNNAR, P.B.NO.9, MUNNAR, REP. BY ITS ATTORNEY PRATAP RAMDAS, NADIAR COTTAGE, MUNNAR. 3. MR.PRATAP RAMDAS, NADIAR COTTAGE, MUNNAR. ADV. SRI.JOSEPH KODIANTHARA FOR R2&3 SRI.MATHEWS K.UTHUPPACHAN FOR R2 & 3 PUBLIC PROSECUTOR SRI. MUHAMMED PUZHAKKARA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 17/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CRL.M.C.No.2627 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of December, 2008 O R D E R Petitioners, who are being prosecuted for offences punishable under Section 500, 501 and 502 of the Indian Penal Code in a private complaint filed by respondents 2 and 3 herein in C.C.No.269/2000 on the file of the Chief Judicial Magistrate's Court, Kottayam, have preferred this petition under Section 482 of the Code of Criminal Procedure seeking to quash the above proceedings pending against them. It is inter alia contended by the petitioner that no offence under Section 499 has been made out against them. 2. The primary contention raised by the petitioners appears to be that the contents of the articles published in the two issues of the Weekly in question were based on reliable data and materials gathered by them. It is further contended that as a responsible print media, it is the duty of the Weekly concerned to bring all the facts before the public to take appropriate steps against “unauthorised encroachment and illegal occupation”. Petitioners have produced Annexure - II and III reports submitted by the Assurance Committee constituted by the Kerala Legislative Assembly. Petitioners have also raised several other contentions in support of their plea that no offence as alleged in the complaint is made out against them. 3. Having heard learned counsel for the parties and 2 Crl.M.C.No.2627/06 having perused the materials available on record, I am of the view that this is not a fit case in which interference is warranted invoking the inherent power under Section 482 of the Code of Criminal Procedure. This is an eminently fit case which has to be decided on the basis of the evidence that may be adduced by the parties. With that liberty reserved in favour of the parties, this Crl.M.C is closed. However, in the peculiar facts and circumstances, it will be open to the petitioners to make a request to the trial court to exempt them from personal appearance. If such a request is made by the petitioners, the learned Magistrate shall allow the same on condition that they will appear as and when their presence is found absolutely essential. Crl.M.C is closed in the above terms. (A.K.BASHEER, JUDGE) cl 3 Crl.M.C.No.2627/06