Smt Sushma Rani vs Sri H N Nagaraja Rao on 1 October, 2020
14. Learned counsel for the accused submitting
that the statements made by the accused in the
matrimonial case as per Ex.P-4 and Ex.P-1 do not
amount to publication, has relied upon a judgment of
the High Court of Madras in the case of J. Gnana Kumar
Vs. Joy Kanmani reported in LAWS (MAD)-2007-11-
513, wherein the respondent wife had instituted a
private complaint against her husband for the alleged
offence punishable under Section 500 of IPC. The
Madras High Court was pleased to observe that, one of
the basic legal requirements of Section 499 of IPC is
that, the imputation should be either made directly to
the knowledge of third parties, or the same should be
published to the knowledge of the third parties.
However, in the case before it, even as per the
allegations made in the complaint, it observed that, the
imputations cannot be considered as published either
directly or indirectly since they were pleadings filed
Crl.R.P.No.152/2014
c/w.Crl.R.P.No.1358/2010
20
before the Court of Law which are not public documents
to which anybody can have free access. The Madras
High Court, however, opined in the same case that,
though the pleadings are handled by the Court staff and
copy is furnished to the respondent therein, which can
be made public even by the respondent, but those
things would not amount to publication by the accused.