Telangana High Court
Gopala Krishna Kalanidhi vs The State Of Telangana on 26 June, 2023
Author: M.Laxman
Bench: M.Laxman
THE HON'BLE SRI JUSTICE M.LAXMAN
CRIMINAL PETITION No.2428 of 2019
ORDER:
1. The present Criminal Petition is filed under Section 482 of the Code of Criminal Procedure (in short 'Cr.P.C') by the petitioner seeking to quash the criminal proceedings in C.C.No.2106 of 2019 on the file of Judicial Magistrate of First Class, Special (Mobile) PCR Act, Ranga Reddy District - cum - VI Additional Metropolitan Magistrate, Cyberabad at L.B.Nagar (hereinafter referred to as 'Court below'), registered for the offences punishable under Sections 383, 388, 389, 499 and 506 of the Indian Penal Code, 1860. The petitioner herein is accused and the respondent No.2 herein is defacto complainant before the Court below.
2. The sum and substance of the case of the defacto complainant is that there are several disputes between defacto complainant and his wife, in this regard, a criminal case was filed before Sanathnagar Police Station, Cyberabad. The accused, who was a practicing Advocate was representing the wife of defacto complainant in the said case and he had allegedly sent messages to the defacto complainant on 27.08.2017 wherein he stated that "MEE GURINCHI TV 99 LO NA PHONE-IN VINANDI". Further, he also made Facebook posts on 28.08.2017 stating that "With 2 Inspector Sanath Nagar P.S., S.I.Sanath Nagar, this evening. Work done beyond my imagination" and on 14.09.2017 stating that "Crime No.486 OF 2017 P.S. SANATHNAGAR Regd.DY.G.M.BSNL Accused. A case of molestation. Victim his daughter. Media to respond.". On 16.09.2017, the accused also gave false news/press message in Indian Express daily news paper with heading "DGM held for harassing step daughter, Deputy General Manager of BSNL in Hyderabad has been arrested for allegedly outraging, modesty of his step daughter." Further, on 25.09.2017, the accused sent the following threatening message to the defacto complainant "No use telling your wife that you don't want to talk to me I am your savior now. Don't respond immediately matter will be placed before Press club tomorrow by 15.00 hours. Must settle all disputes with your wife by that time. Act wisely else you will be in serious troubles. GOPALA KRISHNA KALANIDHI, Advocate". Subsequently, the accused wrote a letter dated 28.09.2017 to the Chairman-cum-Managing Director, BSNL, New Delhi, making certain allegations against the defacto complainant, which are all defaming in nature. Basing on the above complaint, the Court below has taken cognizance and issued summons to the accused. Challenging the said complaint, the present petition is filed by the accused.
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3. It is the contention of the learned counsel for the petitioner/accused that the allegations with regard to sending messages and publication in news paper are true facts. The publication in the news paper was not done at the instance of the accused, but the same was done at the instance of the Police. Therefore, the same cannot be taken as defamation. Further, the messages sent by the defacto complainant also do not contain any defamatory words. It is further contended that the letter dated 28.09.2017 addressed to the Chairman-cum-Managing Director, BSNL, New Delhi, by the accused was at the behest of his client and the same was not sent in his personal capacity. Therefore, the same cannot be considered as defamation.
4. Heard, respondent No.2/defacto complainant, who is party- in-person.
5. As rightly contended by the learned counsel for the petitioner/accused, the paper publication which was made on 16.09.2017 was at the instance of Police, which is based on the information gathered by the Police. The messages which were sent by the accused are also not clearly amounting to any defamation or intimidation. The only thing is the contents of letter dated 28.09.2017, which was addressed by the accused to the Chairman-cum-Managing Director, BSNL, New Delhi. The said 4 letter shows that it has been personally sent by the accused. There is no reference that the accused was acting and was furnishing information to the Chairman-cum-Managing Director, BSNL, New Delhi, on behalf of his clients. In the said letter, the accused sought appointment of the Chairman-cum-Managing Director, BSNL, New Delhi, alleging that the defacto complainant was causing havoc by terrorizing his clients and there is also reference that the womenfolk are very angry and irated over the behavior of the defacto complainant. He further stated in the said letter that the reputation of BSNL is at stake and sought for immediate action.
6. A reading of the contents of the above said letter as narrated in the complaint clearly demonstrates that certain allegations which are made by the accused are touching the image of the defacto complainant. Further, it is not referred in the said letter that the accused is acting on instructions of his clients. The words referred therein show that as if the accused himself personally expressed such allegations against the defacto complainant. The truth or otherwise of the allegations could be decided by the Court below at the time of trial, but not in the present proceedings under Section 482 of Cr.P.C. This Court prima facie finds that there are certain allegations touching 5 defamation in the letter dated 28.09.2017. Therefore, I do not find any merit in this petition and the same is liable to be dismissed.
7. In the result, the Criminal Petition is dismissed. However, it is made clear that any observation made in this petition shall not come in the way of disposal of the criminal proceedings pending before the Court below. No order as to costs. Miscellaneous petitions, if any, pending shall stand closed.
______________________ JUSTICE M.LAXMAN Date: 26.06.2023 Note:-
C.C. by 28.06.2023 GVR/TJMR