IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY 2019 BEFORE THE HON'BLE Mr.JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION NO.730 OF 2018 BETWEEN:
THIMMAPPA BHAT EX.EDITOR, PRINTER & PUBLISHER VIJAYAVANI, KANNADA DAILY NO.1, 100 FEET ROAD NEW MANDI SHIMOGA – 577 201 …PETITIONER (BY SHRI PRASANNA KUMAR P, ADVOCATE) AND:
SHRI A.M.PRASANNA S/O. LATE A.G.MANJUNATHA GOWDA MAJOR OCCUPATION:COFFEE PLANTER RESIDENT OF MAKODU VILLAGE JAKKANAHALLI POST AVATHI HOBLI, CHIKMAGALUR TALUK & DISTRICT – 577 101 … RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C., PRAYING TO QUASH THE ORDER DATED:15.07.2014 PASSED BY THE LEARNED 1ST ADDITIONAL SR.CIVIL JUDGE AND JMFC, CHIKKAMAGALUR IN C.C.NO.732/2014 (PCR NO.24/2013) THEREBY TAKING COGNIZANCE AGAINST THE PETITIONER HEREIN AMONG 16 OTHER ACCUSED PERSONS FOR THE OFFENCE P/U/S 500 OF IPC AND ORDERING TO REGISTER CASE AND ISSUE SUMMONS IN SO FAR AS THE SAME RELATES TO THE ACCUSE NO.1/PETITIONER.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Respondent filed a private complaint before I Additional Senior Civil Judge and JMFC, Chikmagalur under Section 200 of Cr.P.C, alleging that the petitioner published a news item which is defamatory in nature. After recording the sworn statement, by order dated 15.07.2014, learned Magistrate has taken cognizance of the offence punishable under Section 500 of IPC.
2. Shri Prasanna Kumar P, learned advocate for the petitioner urged a solitary contention that the news item does not contain any derogatory statement against the respondent. Therefore, the proceedings initiated against the petitioner amounts to abuse of process of law and accordingly, he prays for allowing this petition.
3. I have carefully considered the submission of learned advocate for the petitioner and perused the records.
4. While taking cognizance of the offence punishable under Section 500 of IPC, learned Magistrate has recorded that the petitioner has not denied the publication of news item in question in reply given by him to a legal notice.
5. Having regard to the material on record, the learned Magistrate has held that prima facie the case was made out against the petitioner.
6. The solitary ground urged is that the contents of the article are not derogatory in nature.
7. I have carefully perused the article. It contains material which prima facie shows that article is derogatory in nature. Therefore, the view taken by the learned Magistrate that there exists a prima facie case against the petitioner, cannot be faulted with. The plea of innocence urged in this petition can be proved after trial.
In the circumstances, this petition fails and it is accordingly, dismissed.
In view of disposal of this petition, I.A. No.1/18 does not survive of consideration and the same is also disposed of.
No costs.
Sd/- JUDGE HJ