or the purpose of informing that contempt of court has taken place
Indo-Asian News Channel Pvt Ltd vs State Of Kerala on 25 April, 2023
O.P.(Crl.) No.703/22
-:1:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 25TH DAY OF APRIL 2023 / 5TH VAISAKHA, 1945
OP(CRL.) NO. 703 OF 2022
AGAINST CRL.MP 814/2022 IN CRL.MP 2478/2021 IN SC 118/2018
OF ADDITIONAL SPECIAL SESSIONS COURT (SPE/CBI)-III,
ERNAKULAM
PETITIONERS:
1 INDO-ASIAN NEWS CHANNEL PVT LTD.
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
MR. M.V. NIKESH KUMAR,
REPORTER STUDIO COMPLEX,
HMT COLONY, PIN - 683503
2 M.V. NIKESH KUMAR
AGED 48 YEARS, S/O. M.V. RAGHAVAN,
CHIEF EXECUTIVE OFFICER,
INDO-ASIAN NEWS CHANNEL PVT.LTD
MELETHU VEEDU, BARNASSERI,
PAPPINISSERI VILLAGE
KANNUR, PIN - 683503
BY ADVS.
SRI.KALEESWARAM RAJ
SRI.C.P.UDAYABHANU
SRI.BOBAN PALAT
SRI.NAVANEETH.N.NATH
SRI.P.U.PRATHEESH KUMAR
SRI.P.R.AJAY
SRI.RASSAL JANARDHANAN A.
SRI.ABHISHEK M. KUNNATHU
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
O.P.(Crl.) No.703/22
-:2:-
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 P. GOPALAKRISHNAN @ DILEEP
PADMA SAROVARAM HOUSE,
KOTTARAKADAVU, ALUVA,
ERNAKULAM, PIN - 683101
3 BAIJU PAULOSE
DY. S.P., CRIME BRANCH,
ALAPPUZHA, PIN - 688001
4 P. BALACHANDRA KUMAR
S/O. P.PUSHKARAN,
MANKALA PADIPURA, MANGOOTTAM,
THIRUPURAM. P.O.,
THIRUVANANTHAPURAM, PIN - 695133
BY ADVS.
SRI.PHILIP T.VARGHESE
SMT.ACHU SUBHA ABRAHAM
SMT.V.T.LITHA
SMT.K.R.MONISHA
SMT.NITYA R.
SRI.SUJESH MENON V.B.
SRI.VIPIN NARAYAN, PUBLIC PROSECUTOR
THIS OP (CRIMINAL) HAVING BEEN FINALLY HEARD ON 03.04.2023,
THE COURT ON 25.04.2023 DELIVERED THE FOLLOWING:
O.P.(Crl.) No.703/22
19. The argument based on the absence of locus standi of the second respondent cannot also be of any avail to the petitioners. The second respondent has only brought certain instances to the knowledge of the court for the purpose of informing that contempt of court has taken place. Even if the second respondent is an accused in the crime, that does not restrain him from bringing to the notice of the court instances, which can amount to contempt. Even if the process of enquiry is triggered by an accused, ultimately, it is for the court to arrive at a conclusion as to whether any contempt has occurred. Therefore the said contention also is without any merit.