THE HON’BLE SRI JUSTICE P.DURGA PRASAD CRIMINAL PETITION NO.7931 OF 2008 ORDER: This is a petition filed under Section 482 Criminal Procedure Code (for short Cr.P.C.) for quashing the proceedings in C.C.No.94 of 2008 on the file of the Judicial First Class Magistrate, Gudur, Nellore District. The Petitioners herein are the accused therein and the respondent No.1 herein has lodged a private complaint before the Judicial First Class Magistrate, Gudur for the offences under Sections 499 and 500 IPC against the petitioners herein. In the said complaint, it is alleged that the accused No.1 is the Deputy Superintendent of Police, Gudur and accused No.2 is the Circle Inspector of Police, Gudur and the complainant is the native of Gangadevapalli village within in the territorial jurisdiction of Sydapuram Police Station. According to him on the intervening night of 4/5.10.2002 one Bellamkonda Ramanamma, resident of B.C. Colony was raped and murdered by some unknown persons and a crime was registered at the Sydapuram Police Station. On the intervening night of 8/9.10.2002 at about 1.00 A.M. four constables knocked the door of the complainant’s house, on that himself and his wife woke up and the constables took his son Yedukondalu to the Sub-Inspector, who was waiting in a car near by and they did not give any reply when questioned as to why Yedukondalu was taken along with them, they took Yedukondalu to Sydapuram police station and when asked the Sub-Inspector, he assured that he will send back him early in the morning after questioning. But they did not keep up his words and he came to know that the Sub-Inspector threatened Yedukondalu to admit about the commission of the offence of murder of Bellamkonda Ramanamma and tortured him. The said Yedukondalu out of fear escaped from the police custody and committed suicide on 12.10.2002 by swallowing pesticide and at that time both the accused came to Sydapuram Police Station and assured that they will take necessary action against the Sub-Inspector of police, Saydapuram police station. But on the same day, a case was registered in Crime No.77 of 2002 under Section 174 of Cr.P.C. On the next day, Accused No.1 and Accused No.2 gave a press statement, which was published in Telugu Dailies “Eenadu” and “Vaartha” on 14.10.2002 making imputations that the complainant’s deceased son Yedukondalu prior to his suicidal death indulged in eve teasing case under limits of Gudur rural police station and also accused in kidnap case of a girl and had illicit intimacy with one woman in the village and both used to visit the house of the murdered Ramanamma and play nude game there, and the said press statement is false and they gave the said statement only to defame the complainant’s family in order to save the Sub-Inspector of police, who indulged in torturing the deceased Yedukondalu, which lead him to commit suicide. Therefore, he has filed a complaint under Sections 199, 190 and 200 Cr.P.C. for prosecuting the said accused for the offences under Sections 499 and 500 IPC. The Said complaint was taken cognizance by the learned Judicial First Class Magistrate, Gudur against both the accused under Sections 499 and 500 IPC and issued summons. Aggrieved by the same, the present petitioners, who are the accused in C.C.No.94 of 2008 on the file of Judicial First Class Magistrate, Gudur, have filed the present petition for quashing of the said proceedings. The contention of the petitioners’ counsel is that the respondent No.1 who is the complainant has already approached the Human Rights Commission with regard to death of his son and as the Human Rights Commission after due enquiry found that the Sub-Inspector and constables are not responsible for the death of the deceased Yedukondalu, as such he has filed the false complaint against them only to harass them. The petitioners’ counsel has further pleaded that the publications made in “Eenadu” and “Vaartha” contained different versions and in one Newspaper, it was mentioned that the 1st petitioner gave the press statement and in another Newspaper, it was mentioned that the 2nd petitioner gave the press statement and the complainant has failed to examine the reporters to speak about the factum of petitioners giving press statements. Basing on the said publications made in the newspapers, it cannot be said that the petitioners have committed the offence under Sections 499 and 500 IPC. Admittedly the press statement was published in “Eenadu” and “Vaartha” newspapers on 14.10.2002 making imputations against the deceased Yedukondalu, who was the son of complainant. According to the said press statement 1st petitioner gave press statement in one newspaper and 2nd petitioner gave press statement in another newspaper. The fact of who has given the press statements in the said newspapers has to be ascertained during the course of trial. It is also to be established during the course of trial whether the said imputations made in the newspapers are true and correct. Prima-facie on perusal of the press statements, the present petitioners alleged to have released the press statements to the press and according to the complainant the imputations made in the press statements are false and are to defame the deceased Yedukondalu and his family members. The said averments made in press statement prima-facie constitute offence under Sections 499 and 500 IPC. Therefore, at this stage, it cannot be decided whether the petitioners have made the said imputations or not and the same has to be decided during the course of trial. Therefore, I hold that the petitioners are not entitled for quashing of the proceedings as prayed for. In the result, the Criminal Petition is dismissed. _______________________ P.DURGA PRASAD, J 15th April, 2011 KSP