defamed the entire Press in Tamil Nadu and particularly the women journalists.
In the High Court of Judicature at Madras
Reserved on :
10.7.2023
Delivered on :
14.7.2023
Coram :
The Honourable Mr.Justice N.ANAND VENKATESH
Crl.O.P.(MD) Nos.11494 & 12163 of 2018
Crl.O.P.Nos.5099 of 2019 & 6211 of 2021 &
all connected pending Crl.M.Ps.
S.Ve.Shekher ...Petitioner in
all the Crl.O.Ps.
Vs
1.Al.Gopalsamy, President,
28. The respective respondent in Crl.O.P.(MD) Nos.11494 and
12163 of 2018 and Crl.O.P.No.5099 of 2019 filed private complaints
against the petitioner on the ground that the petitioner defamed the
entire Press in Tamil Nadu and particularly the women journalists.
Hence, they are also prosecuting the petitioner mainly for the offence
punishable under Section 500 of the IPC.
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Crl.O.P.(MD) No.11494 of 2018
etc. cases
29. Explanation 2 to Section 499 of the IPC makes it explicit that
it will amount to defamation to make an imputation concerning a
company or an association or collection of persons as such. Hence, if a
well defined class is defamed, each and every member of that class
can file a complaint.
30. Section 199 of the Criminal Procedure Code also provides
that no Court shall take cognizance of defamation except upon a
complaint made by 'some person aggrieved by the offence'. Where
a well defined class is defamed, each and every member of that class
will become an aggrieved person and he can file a complaint. The
complainants/respective respondent in Crl.O.P.(MD) Nos.11494 and
12163 of 2018 and Crl.O.P.No.5099 of 2019 claim to belong to the
respective association working for the interest of the Press and Media.
The issue as to how far they belong to the community of Press is a
matter for evidence and it cannot be decided in quash petitions.
Therefore, this Court does not find any ground to interfere with the
private complaints initiated for defamation, which are the subject
matter of challenge in Crl.O.P.(MD) Nos.11494 and 12163 of 2018
and Crl.O.P.No.5099 of 2019 and the petitioner has to necessarily face
18/23 https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.11494 of 2018
etc. cases
the proceedings and establish his defence.