High Court of Kerala held that notice published by petitioner regarding lost original sale deed forwarded a civil dispute and did not contain defamatory ingredients. The criminal proceedings for defamation were dismissed.
The entire proceedings in CC No.747/2014 of the Chief Judicial Magistrate's Court, Kollam are quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
WEDNESDAY, THE 30TH DAY OF MARCH 2016/10TH CHAITHRA, 1938
Crl.MC.No. 564 of 2016 ()
AGAINST THE ORDER/JUDGMENT IN CC 747/2014 of C.J.M., KOLLAM
PETITIONER(S)/ACCUSED :
R.SHEELA W/O. RAVEENDRANAD, PARVATHY NIVAS, ASHRAMOM P.O., KOLLAM EAST VILLAGE, KOLLAM.
BY ADVS. SRI.RIJI RAJENDRAN SMT.MITHA SUDHINDRAN
RESPONDENT(S):
S/O. N.S.KUTTAN NAIR, PARVATHY NIVAS,
ASHRAMOM P.O., KOLLAM EAST VILLAGE,
KOLLAM.
R2 BY ADV. SMT.K.G.BINDU R2 BY ADV. SMT.T.S.MAYA (THIYADIL) R BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 30-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 564 of 2016 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE I : COPY OF THE POWER OF ATTORNEY DTD.8.8.2001.
ANNEXURE II: COPY OF THE REVOCATION DEED DTD.6.7.2007.
ANNEXUE III: COPY OF THE PAPER PUBLICATION DTD.19.10.2012.
ANNEXURE IV: CERTIFIED COPY OF THE COMPLAINT IN CC NO.747/2014.
RESPONDENT(S)' EXHIBITS : NIL
// True Copy //
PA to Judge
B. KEMAL PASHA, J.
Crl.M.C. No.564 of 2016
Dated this the 30th day of March, 2016
O R D E R
~ ~ ~ ~ ~ ~
Heard learned counsel for the petitioner and
learned counsel for the 2nd respondent.
of the Chief Judicial Magistrate's Court, Kollam, for the offence under Section 500 IPC.
Crl.M.C.564/2016
: 2 :
than the wife of the elder brother of the 2nd respondent. It is the case of the 2nd respondent that he, along with his elder brother, who is the husband of the petitioner, were employed abroad and by the money procured from abroad, they purchased property together in the name of the petitioner. The petitioner had executed a Power of Attorney in favour of the 2nd respondent and handed over the original sale deed in respect of the property to him for enabling him to sell the property. According to the petitioner, the Power of Attorney was executed only for the purpose of managing the property and not for any other purpose. It is the case of the petitioner that the said Power of Attorney was revoked.
Crl.M.C.564/2016
: 3 :
document of encumbrance in respect of the property. It is also stated that in case of creation of any encumbrance over the property based on the original title deed which was lost from her possession, that shall not bind the property or the petitioner.
Crl.M.C.564/2016
: 4 :
In the result, this Crl.M.C. is allowed and the entire proceedings in CC No.747/2014 of the Chief Judicial Magistrate's Court, Kollam based on Annexure-IV private complaint are quashed.
Sd/- (B.KEMAL PASHA, JUDGE)
aks/30/03
// True Copy //
PA to Judge
2 issues framed by the court
Whether the publication of a public notice regarding a lost property title deed amounted to defamation under Section 499 IPC.
Whether the private complaint filed under Section 500 IPC regarding the said publication is maintainable.
2 provisions across 1 enactments
R.SHEELA W/O. RAVEENDRANAD
STATE OF KERALA
K.SASIKUMAR
B.KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
