Single judge in a criminal petition under Section 482 Cr.P.C. held that the trial should not be interfered with at this stage and dismissed the petition but dispensed with petitioner's personal presence at trials.
Criminal petition dismissed; petitioner's personal presence at trial dispensed with; representation by counsel allowed.
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.
THE HONOURABLE SRI JUSTICE RAJA ELANGO
CRIMINAL PETITION No.9668 of 2011
ORDER:
Petitioner approaches this Court by invoking the provisions under Section 482 Cr.P.C. with a prayer to quash the proceedings against him in C.C.No.158 of 2011 on the file of the V Additional Munsif Magistrate, Warangal, whereby he is arrayed as accused for the offence punishable under Section 499 of IPC.
2. Heard both sides.
3. On perusal of the record, it is evident that the case was taken on file on the basis of a private complaint filed by the first respondentcomplainant in respect of a defamatory news item that was published in ‘Eenadu’ telugu daily newspaper dated 08.10.2010, wherein it is stated that “AASTHI PERU MARPIDI PAI VIVADAMCORPORATION UDYOGULAPAI POLICULAKU FIRYADU”.
4. In the circumstances, this Court is not inclined to interfere with the trial at this stage. Hence, the Criminal Petition is liable to be dismissed and the same is accordingly dismissed. However, considering the submissions made by the learned counsel for the petitioner and also in view of the nature of offence, the presence of the petitioner before the trial Court is hereby dispensed with except the dates on which the learned Magistrate insists for the same and the petitioner shall properly be represented through his counsel before the trial Court.
5 . The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed.
______________________ JUSTICE RAJA ELANGO
11th October 2011, Rns.
2 issues framed by the court
Whether the Court should quash criminal proceedings for defamation initiated on a private complaint.
Whether the presence of the petitioner should be dispensed with at the trial stage.
2 provisions across 2 enactments
The Petitioner (Accused)
First Respondent-Complainant
Raja Elango
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
