Publishing FIR is not defamation —judge Illanthireyan quashed defamation case against vellore dinamalar .for dinamalar advt n ramesh argued —

[10/3, 08:50] Sekarreporter 1: [10/3, 08:49] Sekarreporter 1: Publishing fir is not defamation —judge Illanthireyan quashed defamation case against vellore dinamalar .for dinamalar advt n ramesh argued —
[10/3, 08:50] Sekarreporter 1: 🌹
[10/3, 08:50] Sekarreporter 1: CRL.O.P.Nos.1509 & 1679 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.07.2020
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
CRL.O.P.Nos.1509 & 1679 of 2020
and Crl.MP.Nos. 922, 923, 1057 and 1058 of 2020
1. R.Krishnamurthy
Sub Editor,
Dinamalar Newspaper,
No.39, Whites Road,
Chennai – 600 014.
2. Dr.R.Lakshmipathy,
Managing Director,
Dinamalar Newspaper,
No.39, Whites Road,
Chennai. – 600 014.
3. L.Adimoolam,
Director,
Dinamalar Newspaper,
No.39, Whites Road,
Chennai. – 600 014.
… Petitioners in Crl.O.P.
No.1509 of 2020
1. R.Ramasubbu
News Editor,
Newspaper Printer,
Dinamalar Publications,
New Standard Press,
No.153, Bangalore Road,
Chenpakkam,
Vellore – 632 013.
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[10/3, 08:51] Sekarreporter 1: CRL.O.P.Nos.1509 & 1679 of 2020
2. R.R.Gopalji,
Newspaper Publisher,
Dinamalar Publications,
No.153, Bangalore Road,
Chenpakkam,
Vellore – 623 013. …Petitioners in Crl.O.P.
No.1679 of 2020
Vs.
A.Nandhini,
D/o. G.Annamalai,
No.1116, New Street,
Nehru Nagar,
Saidapet, Arani,
Tiruvannamalai – 632 301. … Respondent in both
Crl.O.Ps.
COMMON PRAYER: Criminal Original Petition filed under Section 482 of
Cr.P.C. praying to call for the records of criminal complaint in C.C.No.84 of
2019 on the file of the Judicial Magistrate, Arani and quash the same.
For Petitioners
in Crl.O.P.1509/2020 : Mr.S.Elambharathi
in Crl.O.P.1679/2020 : Mr.N.Ramesh

For Respondent
in both Crl.O.Ps. : Mr.K.Krishnan
COMMON ORDER
These petitions have been filed to quash the proceeding in
C.C.No.84 of 2019 on the file of the Judicial Magistrate, Arani, thereby taken
cognizance for the offences under Sections 499, 500, 501 and 502 of IPC, as
against the petitioners.
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[10/3, 08:51] Sekarreporter 1: [10/3, 08:50] Sekarreporter 1: [10/3, 08:49] Sekarreporter 1: Publishing fir is not defamation —judge Illanthireyan quashed defamation case against vellore dinamalar .for dinamalar advt n ramesh argued —
[10/3, 08:50] Sekarreporter 1: 🌹
[10/3, 08:51] Sekarreporter 1: CRL.O.P.Nos.1509 & 1679 of 2020
2. R.R.Gopalji,
Newspaper Publisher,
Dinamalar Publications,
No.153, Bangalore Road,
Chenpakkam,
Vellore – 623 013. …Petitioners in Crl.O.P.
No.1679 of 2020
Vs.
A.Nandhini,
D/o. G.Annamalai,
No.1116, New Street,
Nehru Nagar,
Saidapet, Arani,
Tiruvannamalai – 632 301. … Respondent in both
Crl.O.Ps.
COMMON PRAYER: Criminal Original Petition filed under Section 482 of
Cr.P.C. praying to call for the records of criminal complaint in C.C.No.84 of
2019 on the file of the Judicial Magistrate, Arani and quash the same.
For Petitioners
in Crl.O.P.1509/2020 : Mr.S.Elambharathi
in Crl.O.P.1679/2020 : Mr.N.Ramesh

For Respondent
in both Crl.O.Ps. : Mr.K.Krishnan
COMMON ORDER
These petitions have been filed to quash the proceeding in
C.C.No.84 of 2019 on the file of the Judicial Magistrate, Arani, thereby taken
cognizance for the offences under Sections 499, 500, 501 and 502 of IPC, as
against the petitioners.
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[10/3, 08:52] Sekarreporter 1: CRL.O.P.Nos.1509 & 1679 of 2020
one fails to see how the petitioners as editor/publisher of the newspaper can be
proceeded against in an action for defamation for publishing the contents
thereof. He also relied upon the judgment reported in (2011) 184 DLT 596 in
the case of Vineet Jain Vs. NCT of Delhi in which, it was held that fair
reporting pertaining to a matter of public concern, a news item containing
statements of true facts emanating from a proper source i.e., police, is not
actionable for the offence of criminal defamation; a fact pertaining to an FIR
being registered as recorded in the FIR made public, was also held to be not
amounting to a criminal defamation.
7. Therefore, the contents of FIR irrespective of whether published
in a newspaper as a news event or not, are in public domain. It is not
actionable for the offences of defamation. That apart, the petitioners are the
Editor, Sub editor, Director, Printer and Publisher of the newspaper. Except
those persons, who had no personal knowledge about the contents of alleged
defamatory news item could be prosecuted for an action of defamation. In
addition, it must also be averred in the complaint that such person had the
intention to harm or had knowledge or reason to believe that the imputation
will harm the reputation of the complainant.
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[10/3, 08:52] Sekarreporter 1: CRL.O.P.Nos.1509 & 1679 of 2020
8. On perusal of FIR clearly shows that only on the complaint
lodged by the respondent herein, the Inspector of Police, All Women Police
Station, Arani, Thiruvannamalai District registered a case in Crime No.5 of
2019 and whatever the allegations made by the respondent in the said FIR
have been published by the petitioners in the Tamil Daily. Therefore, the fact
of FIR being registered with the contents thereof has been published. The
publication of the news item pertains to a matter of public interest and the
publication is a true and a faithful report of a fact, as such the petitioners have
not carried out any investigative journalism. Therefore the said proceedings is
nothing but clear abuse of Court and it cannot be sustained as against the
petitioners.
9. In view of the above discussion, both the Criminal Original
Petitions are allowed and the proceeding in C.C.No.84 of 2019 on the file of
the Judicial Magistrate, Arani, is hereby quashed. Consequently, connected
miscellaneous petitions are closed.
31.07.2020
Internet : Yes / No
Index : Yes / No
Speaking / Non Speaking order
rts
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