IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 Crl.Rev.Pet.No. 539 of 2008() ----------------------------- C.M.P.NO.6680 OF 2006 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE, THALIPARAMBA REVN. PETITIONER: COMPLAINANT: ---------------------------------------------------------- DITTO K.JOHN, S/O. ULAHANNAN, AGED 28 YEARS, ALAKODE AMSOM, ARANGAM DESOM, P.O. UDAYAGIRI, KANNUR DISTRICT. BY ADV. SRI.O.V.MANIPRASAD RESPONDENTS: STATE: ------------------------------------------ THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SR.M.S.BREEZ THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 28/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No. 539 of 2008 = = = = = = = = = = = = = = Dated this the 28th day of February, 2008 ORDER The revision petitioner, who was the complainant in C.M.P.No.6680 of 2006 on the file of J.F.C.M, Thaliparamba, challenges the order dated 19.09.07 passed by the Magistrate, dismissing the complaint under Section 203 Cr.P.C. 2. The case of the revision petitioner/complainant can be summarised as follows:- The revision petitioner is conducting a dairy farm. From 9.10.05 he is the best milk producer of Udayagiri Milk Producers' Sangam. In order to defame the revision petitioner/complainant in presence of the Sangam's President, members, staff and other general public, the accused who is the Secretary of the said Sangam, stated that the complainant/revision petitioner was mixing sugar wit the milk supplied by him. The accused further stated openly that due to the above reason, the complainant will not be given membership in the Sangam. The statement was recorded in the agenda of the meeting of the Sangam. The statement made by the accused Crl.R.P.No.539 of 2008 2 caused mental agony and injury to his reputation among the general public. The imputation made by the accused amounts to defamation of the complainant. 3. The learned Magistrate after recording the sworn statement of the complainant and perusing the minutes book which was got produced from the accused passed the impugned order dismissing the complaint. 4. In as much as, there was no material before the court below either to show that the milk supplied by complainant was free from sugar or was not one in which sugar had been added, it cannot be said that the alleged imputation made against the accused was true or false. The statement made by the accused who is the Secretary of the Sangam, even if true, was explained as justified, since it was made in the interest of the Sangam and was founded on the belief entertained by the accused The learned Magistrate did not accept the petitioner's contention that the sole purpose behind the imputation was to somehow or other to see that the revision petitioner was denied membership in the Sangam. If as a matter of fact, he is the best milk producer in that area as Crl.R.P.No.539 of 2008 3 he claims to be, one does not understand as to how refusal of membership of the Sangam would cause incalculable harm to the petitioner. In any view of the matter, the revision petitioner having instituted a civil suit for damages against the accused, I do not see any good ground to interfere with the impugned order passed by the learned Magistrate, dismissing the complaint. This Crl.R.P is, accordingly, dismissed. V. RAMKUMAR, JUDGE sj