Petitioners seek quash of proceedings in C.C.No. 126 of 2014 on the file of learned Judicial Magistrate Gudalur, Nilgiris.
2. Heard learned senior counsel for petitioners and learned counsel for respondent.
3. A bare reading of the complaint alleging commission of offence u/s.499 of IPC reveals that what is alleged to be defamatory of respondent is a newspaper publication that respondent, as the President of a Contractor's association, informed the gathering that 42% of tender/contractual sums were shelled out by way of commission to authorities. Nothing in the above can be read as defamatory of the respondent/de-facto complainant. Tongue in cheek, we may say that it may be read to his credit. The order of Court below taking cognizance reveals where the respondent's actual fear lies viz., that he may be black listed.
The Criminal Original Petition shall stand allowed. The proceedings in C.C.No.126 of 2014 on the file of learned Judicial Magistrate Gudalur, Nilgiris is quashed. Consequently, connected miscellaneous petitions are closed.
07.06.2017 Index:Yes/No Internet:Yes/No gm/bri To The Judicial Magistrate Gudalur, Nilgiris.
C.T.SELVAM, J., gm/bri Crl.O.P.No.30040 of 2014 07.06.2017 http://www.judis.nic.in