Vishveshwar Bhat and C.K. Mahendra Gowda vs K.N. Ashok

V. Suri Appa Rao

These two petitions are filed u/s 482 Cr.P.C to set aside the order dated 4-5-2006 passed by the Addl.Civil Judge (Jr.Dn) & JMFC, Virajpet. in C.C. No. 416/2006.

The relevant, facts leading to these petitions are as follows:-

i) Respondent filed a complaint against the petitioners u/s 200 Cr.P.C for offences punishable under Sections 499, 500, 501 and 502 IPC alleging that petitioners published a news item dated 25-13-2005 in Vijaya Karnataka newspaper that respondent-K.N. Ashok had given 25 illegal electrical connections to houses and that a case was filed against him by MESCOM, It is further alleged in the news item that respondent was giving connections to various houses for the past two years claiming to be an Engineer of MESCOM and that he was installing the meters by using electrical wire procured through theft.

ii) In the complaint respondent has stated that he is not an electrical contractor who was raided by the MESCOM; that he has not given any illegal connections to anybody and that no case is registered against him. On the other hand, a case in Crime No. 42/2005 was registered by Kutta Police against one M.K. Ashok. proprietor of Ashok Electrical. It is stated that respondent is also an electrical contractor and because of false publication by the petitioners, his customers are suspecting him and some of the customers have withdrawn their contract.

iii) On the basis of the complaint, the Court took cognizance of the offences by order dated 4-5-2006. Aggrieved by the same the petitioners have filed these petitions seeking to quash the proceedings initiated against them.

Heard the learned counsel for the petitioners. None appear for the respondent.

Learned counsel for the petitioners submitted that by mistake the name of M.N. Ashok was printed in the newspaper instead of M.K. Ashok. Immediately after realising the mistake, petitioners published a corrigendum on 5-12-2005 regretting for the mistake and the petitioners had not intentionally published the name of respondent.

Sections 499, 500, 501 and 502 IPC read as under:

Defamation: Whoever by words either spoken or intended to he read, or by signs or by visible representations makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person.

Punishment for defamation: Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

Printing or engraving matter known to be defamatory: Whoever prints or engraves any matter, knowing or having good reason to believe that such matter is defamatory of any person, shall be punished with simple imprisonment for a term which may extend to two years. or with fine, or with both.

Sale of printed or engraved substance containing defamatory matter: Whoever sells or offers for sale any printed or engraved substance containing defamatory matter, knowing that it contains such matter, shall be punished with simple imprisonment for a term which may extend to two years, or with One, or with both.

From a plain reading of Section 499 IPC it is clear that in order to attract the provisions of Sec. 499 IPC for ("defamation"). there must be intention to harm a person.

Admittedly the petitioners are connected with Vijaya Karnataka newspaper. It is not in dispute that they have published the news item dated 25-11-2005 with regard to the illegal electrical connections given to houses by a person K.N. Ashok. It is submitted that the name of respondent is K.N.Ashok. By mistake, instead of initials "M.K" it was printed as "K.N" though the name is same (Ashok). This mistake had crept-in due to printing mistake. Immediately after realising the said mistake the petitioners got published a corrigendum regretting for the mistake and to read the name of person indulged in giving illegal electricity connections as "M.K. Ashok" in place of "K.N. Ashok". It is thus clear that there was no intention on the part of the petitioners to harm the respondent in any manner. There was a bona fide mistake on the part of the petitioners and soon after realising the same they have rectified the mistake by issuing corrigendum. The mistake occurred was not intentional or deliberate.

In the circumstances, there is no prima facie case against the petitioners to prosecute them under Sections 499, 500, 501 and 502 IPC and therefore the proceedings initiated against them are liable to be set aside in view of the above facts and circumstances 1 feel that it is a fit case to exercise powers u/s 482 Cr.P.C to quash the proceedings against the petitioners.

Accordingly. the petitions are allowed and the proceedings against the petitioners in C.C. No. 416/2006 on the file of Addl.Civil Judge (Jr.Dn) & JMFC, Virajpet. are hereby quashed.