Allowed

Swami Vivikananda v. State of Kerala

Kerala HC13 Oct 2020Crl.MC/2604/2013

Case brief

AI extract

What is this about?

This criminal miscellaneous petition moved under Article 226 of the Constitution of India challenging an order in a criminal complaint for defamation. The court observed that since the de facto complainant had passed away, further proceedings would serve no purpose. Accordingly, the complaint and further proceedings were quashed. The petition was allowed.

What did the court decide?

Complaint and further proceedings hereby quashed. The Crl.M.C. is allowed accordingly.

Swami Vivikananda Vs State of Kerala — Cheating and Forgery | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.SOMARAJAN

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TUESDAY, THE 13TH DAY OF OCTOBER 2020 / 21ST ASWINA, 1942

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Crl.MC.No.2604 OF 2013

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AGAINST THE ORDER/JUDGMENT IN CC 202/2011 OF CHIEF JUDICIAL MAGISTRATE, ERNAKULAM

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AGAINST THE ORDER/JUDGMENT IN RP 1023/2012 DATED 06-12-2012 OF HIGH COURT OF KERALA

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PETITIONERS/ACCUSED 1 TO 4:

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1 SWAMI VIVIKTANANDA AGED 62 YEARS, CHINMAYA MISSION, POST BOX NO. 4, VIDYANAGAR, KASARAGOD - 671 123.

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2 MRS. KAMAKSHY BALAKRISHNAN AGED 89 YEARS, W/O. BALAKRISHNAN, PARVATHY NIVAS, DIWANS ROAD, ERNAKULAM.

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3 MRS. MAYA MOHAN AGED 60 YEARS, W/O. MOHAN, PARVATHY NIVAS, DIWANS ROAD, ERNAKULAM.

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4 RAMKUMAR MENON, AGED 63 YEARS S/O. E.R.K MENON, PARVATHY NIVAS, DIWANS ROAD, ERNAKULAM.

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BY ADVS. SRI.S.SREEKUMAR (SR.) SRI.P.MARTIN JOSE SRI.M.A.MOHAMMED SIRAJ

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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2 P. RADHAKRISHNAN AGED 75 YEARS, S/O. A. KUMARA KAIMAL, HOUSE NO. 39/4285-A, MANIKKIRI CROSS ROAD, ERNAKULAM, KOCHI - 682 016. R1 BY ADV.SRI. RAMESH CHAND, PUBLIC PROSECUTOR R2 BY ADV. SRI.K.K.DHEERENDRAKRISHNAN R1 BY ADV. SRI.S.RAJEEV R1 BY ADV. SRI.V.VINAY

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 13.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.2604 OF 2013

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ORDER

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A defamatory statement made mentioned in a

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written statement submitted before a competent court taken up as basis for a complaint alleging offence under Section 500 IPC. Cognizance was

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taken under Section 202 Cr.P.C. by issuing process under Section 204 Cr.P.C. Annexure E is the order issuing process. The defacto complainant in the meanwhile passed away.

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The basis for the complaint is the alleged pleading made mentioned in the written statement in O.S.No.9/2009 of District Court, Ernakulam. A Full Bench of this Court in Gopalankutty Nair v. Sankunny Ezhuthassan ( 1971 KHC 81) had considered whether the statement made in the course of a proceeding so closely related to judicial proceeding would get immunity in paragraph 2 of its judgment. A statement made in the written statement though prima facie appears to be defamatory, when it is closely connected with the issue, the immunity would come into play. The

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Crl.MC.No.2604 OF 2013

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defacto complainant in the meanwhile passed away. Hence it will not serve any purpose, if it is proceeded further. Hence, the complaint and

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further proceedings are hereby quashed.

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The Crl.M.C. is allowed accordingly.

Sd/-

P.SOMARAJAN

JUDGE

SPV

Crl.MC.No.2604 OF 2013

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APPENDIX

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PETITION	ERS' EXHIBITS:
ANNEXURE	A	CERTIFIED COPY OF THE COMPLAINT IN CC NO.2020 OF 2011 OF CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM
ANNEXURE	B	TRUE COPY OF THE JUDGMENT IN C.O.C.NO.491 OF 2012 OF THIS HON'BLE COURT DATED 28-09-2012
ANNEXURE	C	TRUE COPY OF ORDER DATED 28-09- 2012 IN IA NO.1141/12 IN RFA NO.28/2010
ANNEXURE	D	TRUE COPY OF JUDGMENT IN R.P.NO.1023/12 IN RFA 28/10 OF THIS HON'BLE COURT DATED 06-12-12
ANNEXURE	E	TRUE COPY OF ORDER OF THE CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM DATED 19-08-2011.

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RESPONDENTS' EXHIBITS: NIL

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//TRUE COPY//

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PA TO JUDGE

Swami Vivikananda v. State of Kerala

Case brief

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Swami Vivikananda v. State of Kerala

Case brief

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