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2. According to the respondent/complainant the said article was published with an intention to defame the complainant and his community people and their social status. The learned Judicial Magitrate took cognizance of the offences punishable under Sections 153-A, 500, 501(ii), 502(ii), 503, 504 and 505 1 (C) and 2 IPC r/w 109 of IPC against the petitioners herein and issued summons to them.

3. Mr.C.S.Dhanasekaran, learned counsel for the petitioners would contend that the said article would not hurt the feelings of the said community and that in any event, immediately on the next day (i.e) on 30.01.2012, the petitioners expressed their regret over the publication of the article on 29.01.2012. He also would contend that the Magistrate has taken cognizance of the offences, even though there is an express bar under Section 196 Cr.P.C.

Section 196 of Cr.P.C. reads as under:

"196. Prosecution for offences against the State and for criminal conspiracy to commit such offence (1) No Court shall take cognizance of (a) any offence punishable under Chapter VI or under section 153A, section 295A or sub-section (1) of section 505 of the Indian Penal Code (45 of 1860), or (b) a criminal conspiracy to commit such offence, or (c) any such abetment, as is described in section 108A of the Indian Penal Code (45 of 1860), except with the previous sanction of the Central Government or of the State Government.

4. The petitioners contend that the article published in Dinamalar, Tamil Daily dated 29.01.2012. would not hurt the feelings of people of Vanniyar community. However, they have published a retraction on the very next day that is on 30.01.2012 and therefore I do not find any malafide intentions on the part of the petitioners. The Editor of a Newspaper has to rely on various inputs received from the reporters who make field visits to report such incidents. In the instant case, the petitioners have regretted for the publication on 30.01.2012 though they ought to have been more careful before publishing any article. Apart from this, a plain reading of Section 196 of Cr.P.C clearly shows that there is a bar in taking cognizance of the offences punishable under Sections 153-A and 505 IPC, unless, the Government or the District Magistrate has given consent in writing to initiate the proceedings. In view of all these reasons, the entire proceedings in C.C.Nos.134 to 142 of 2012 is liable to be quashed.