9911796707
TMI Blog2008 (11) TMI 755X X X X Extracts X X X X X X X X Extracts X X X X ..... his appeal which arises out of a judgment and order dated 8.09.2006 passed by the High Court of Judicature at Madras in Criminal O.P. No. 10819 of 2006. 3. Appellant herein is a retired teacher. He is said to be the owner of a land admeasuring 0.83 acres in new survey No. 246/1B at Naluvedapathi Village. About 180 numbers of coconut tress are said to have been planted on the said land. 4. On 3.06.2003, when the appellant allegedly visited his land, he found that 9 coconut trees were dead. Upon enquiry, he allegedly came to know that one Namasivayam son of Rajagopal and Kaliappan son of Ramu of Naluvedapathi Village had damaged the said coconut trees by pouring acid mixed with kerosene thereon allegedly on the advice of the respondent here ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ainst the defendants restraining them from causing damage to the footpath in his property under the pretext of widening and laying road. In the said suit, an Advocate Commissioner was appointed to find out whether any coconut trees were found dead. The Advocate Commissioner submitted its report on 15.06.2003 stating: Adjacent to the path on east end 9 coconut trees were found dead with loss of chlorophyll. There were 10 bunches carrying 100 to 150 coconuts. There were in an average 20 branches in each tree. There were heap of coconut under the 9 trees. 7. On 25.06.2003, a First Information Report was lodged on the basis of the complaint given by the appellant. In the said FIR, the names of the respondent herein and two others were mentio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rebutted during the course of trial. In such circumstances by invoking the inherent powers under Section 482 Cr.P.C. the pending proceedings cannot be quashed at the threshold, I do not find any merit in the case, hence the petition is dismissed. Consequently connected Crl. M.Ps are closed. However, the petitioner is at liberty to establish that the statement has been made in good faith, during the course of trial. 10. Mr. G. Sivabalamurugan, learned Counsel appearing on behalf of the appellant, would submit that the complaint preferred by the appellant against the respondent and two others before the police authorities does not amount to `defamation' as the ingredients of Section 499 of the Indian Penal Code are not satisfied. The l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person. Eight and Ninth Exceptions, to which reliance has been placed by the learned Counsel, read as under: Eight Exception.--Accusation preferred in good faith to authorised person It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject-matter of accusation. Ninth Exception.--Imputation made in good faith by person for protection of his or other's interests It is not defamation to make an imputation on the character of anothe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in Thalaignayiru police station in Crime No. 360/2003 could not be proceeded further and the charge sheet could not be filed. Therefore, the case on the file of the Judicial Magistrate Tiruthuraipoondi was closed on 7.4.2005. Because of the illegal activities of the respondent, the petitioner/ complainant herein is unable to make his foreign trips and suffered heavy financial loss and lost his status among his relatives and the people of the Village and suffered enormous mental agony. 14. Allegations made in the said complaint petition, thus, in our opinion, make out a case for proceeding against the appellant under Section 500 of the Indian Penal Code as thereby imputation concerning the respondent had been made intending to harm or knowi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upon the Treasury Officer to hold an inquiry and submit a report in the court. Pursuant thereto and / or in furtherance thereof, a report was submitted. In the said report, the Treasury Officer clearly indicated that pursuant to the report made by the accused persons against the complainant, a departmental enquiry had been made and the complainant was found guilty. It was in the aforementioned situation, the Magistrate's order refusing to issue summons was upheld by this Court. 20. For the reasons aforementioned, we do not find any infirmity in the impugned judgment. Furthermore, the question, as to whether a totally false complaint has been made as against the respondent or not as he was not even in India prior to the date of occurren ..... X X X X Extracts X X X X X X X X Extracts X X X X
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