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Showing contexts for: RSS in A.Jawahar Palaniappan vs C.K.Dhandapani on 4 April, 2009Matching Fragments
Petitioners seek quash of proceedings in C.C.No.308 of 2010 on the file of learned Judicial Magistrate I, Tiruppur.
2. Respondent, a member of Rashtriya Swayamsewak Sangh (RSS), has preferred a complaint in C.C.No.308 of 2010 on the file of learned Judicial Magistrate I, Tiruppur, against petitioners and 5 others. Petitioners/A6, A7 and A8, are Directors/Partners of M/s.Kumudam Reporter. The gist of the complaint is that all the accused were responsible for the article, namely, ‘Indian Talibans’ published on 01.03.2009 in ‘Kumudam Reporter’. They explicitly stated that RSS is indulging in the acts done by the Taliban in Pakistan and Afghanistan to treat women as slaves without any material to http://www.judis.nic.in support the same. The said article has been published only with a view to defame the names of both Rashtriya Swayamsewak Sangh and Bharathiya Janatha Party and RSS, is an organisation, whose aim is to work for the benefit of each and every Indian Public and for the nation. Informing that the name of RSS was defamed and its reputation was ruined owing to publishing of the above article, respondent/complainant issued a notice dated 04.04.2009 calling upon accused to pay a sum of Rs.10,00,000/- to RSS towards damages and to publish an unconditional apology in the immediate issue of bi-weekly newspaper ‘Kumudam Reporter’. Despite receipt of notice, the accused have neither paid damages nor published unconditional apology in their newspaper. Hence, respondent/complainant has preferred the compliant alleging commission of offences u/s.499, 500 and 501 IPC. Seeking quash thereof, the present petitions have been filed.
5. Relying on the counter, learned counsel for respondent submitted that the article indeed was published only to defame the name and reputation of RSS, in which respondent is a member. Submitting as above, learned counsel prays for dismissal of the quash petition. Learned counsel relied on the http://www.judis.nic.in judgments of Apex Court in Mohammed Abdulla Khan v. K.Prakash [CDJ 2017 SC 1346] and Mathew v. Abraham [CDJ 2002 SC 490].