A Single Judge Bench of the Madras High Court comprising Justice V Bhavani Subbaroyan has in the case of Dr. R. Krishnamurthy & Ors. v. City, Public Prosecutor dismissed the petition for making defamatory remarks against the then Chief Minister J. Jayalalitha and observed that if the statement is defamatory and personal in nature then the concerned person has to himself file the case and special procedure will not apply on the petitions filed by another person.
The Bench held that,
“The allegation even if taken as it is, only can be construed as personal defamation. Therefore, the complaint that was filed by the City Public Prosecutor cannot be maintained since it does not satisfy the requirements of Section 199(2) of Cr.P.C.”
Factual Background
The petitioners were the editor and publisher in New Standard Press. Once, the petitioners in their Newspaper published the name of then Chief Minister J. Jayalalitha as “J”. Taking note of that, the Public Prosecutor filed a defamation suit.
Aggrieved by which, the petitioners filed Criminal Original Petition under Section 482 of the Code of Criminal Procedure, call for the records in respect of C.C.No.6 of 2016, on the file of the Principal Sessions Judge, Chennai and quash the same as against the petitioners/accused.
Submission of the Petitioner
The Counsel on the behalf of the Petitioner submitted that even if the allegations made in the complaint are taken as it is, the same does not constitute defamatory allegations with respect to the act or conduct of the then Chief Minister in the discharge of her public functions and at the best it can only be treated as personal defamation.
The learned counsel also relied upon the judgments of the Hon'ble Supreme Court in K. K. Mishra v. The State of Madhya Pradesh & Anr. and R. Avudayappan v. Muthukaruppan Public Prosecutor District and Sessions Court, Tirunelveli District.
Submission of the Respondent
The Counsel on the behalf of the Respondent submitted that the petitioners have indulged in making wild allegations against the then Hon'ble Chief Minister and thereby have defamed her name in the eyes of the general public. The petitioners in the name of freedom of the press cannot make such defamatory and derogatory allegations against the former Chief Minister and the petitioners will have to necessarily face the trial before the Court below and prove their innocence.
Court Reasoning & Judgment
The Court considered the material facts available before it. The Court held that the allegations based on which the criminal complaint was filed and which has been extracted supra, does not in any way touch upon the conduct of the aggrieved person in discharge of her public function. The allegation even if taken as it is, only can be construed as personal defamation.
The Court further held that,
“the complaint that was filed by the City Public Prosecutor cannot be maintained since it does not satisfy the requirements of Section 199(2) of Cr.P.C”.
The Court also directed the Petitioners to refrain from printing matters in a disrespectful manner. While printing and publishing matters with regard to the leaders of the Country or State, the petitioners are supposed to give respect and address them accordingly. Therefore, the Court quashed the petition filed against the petitioners and there shall be no order as to costs.
Case Details
Case:- Crl.OP No.3817 of 2016
Petitioner:- Dr.R.Krishnamurthy
Respondent:- The City Public Prosecutor
Counsel for Petitioner: - Mr. S. Elambharathi
Counsel for Respondent: - Mr. E. Raj Thilak
Judge: Justice V Bhavani Subbaroyan
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