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RADHA KRISHNA V. ALLA RAMAKRISHNA REDDY

 


This criminal petition is filed under Section 482 of Criminal Procedure Code (for short Cr.P.C.) to quash the C.C.No.791 of 2017 on the file of the XVII Chief Metropolitan Magistrate, Hyderabad, registered for the offences punishable under Sections500 and 501 of Indian Penal Code (for short I.P.C.), on various grounds.

Fact

  • Respondent No.1 A.Ramakrishna Reddy is the complainant before the Magistrate, he is the MLA, Mangalagiri Constituency in Guntur District being the member of YSR Congress Party filed private complaint under Section 200 of Cr.P.C. against the petitioners for the offence punishable under Section


  • 500 and 501 of I.P.C. alleging that he has been serving the poor and down trodden in his constituency and is well known for his loyalty to the YSR Congress Party and has been advancing the interests, policies and programmes of YSR Congress Party in his constituency and also in Andhra Pradesh as a MLA of YSR Congress Party and active party functionary, being aggrieved by the defamatory, derogatory and venomous news which is devoid of truth, published by the petitioners/accused Nos.1 to 7 in Andhra Jyothi Telugu Daily on 15.05.2017 and on 16.05.2017.
  • Petitioner No.1/accused No.1 is the Managing Director, Amodha Publications Pvt. Ltd, publishing a Telugu Daily newspaper on the name and style of Andhra Jyothi. Other petitioners i.e.
  •  petitioner No.2/accused No. 2 is the Printer & Publisher, Andhra Jyothi Telugu Daily being published on behalf of Amodha Publications Pvt. Ltd at Amodha press. T
  • petitioner No.3/accused No. 3 is the Editor, Andhra Jyothi Telugu Daily.
  •  The petitioner/accused No. 4 is the Bureau Chief, Telangana Edition, Andhra Jyothi Telugu Daily. T
  • petitioner/accused No. 5 is the Reporter, Andhra Jyothi Telugu Daily. 
  • The petitioner/accused No.6 is the Bureau In-charge, Amodha Publications Pvt. Ltd, Andhra Jyothi Telugu Daily, Andhra Edition. 
  • The petitioner/accused No. 7 is the Bureau In-charge, Amodha Publications Pvt. Ltd, Andhra Jyothi Telugu Daily, Andhra Edition.
 It is contended that a news item that is formulated is being put before the accused no. 1 to 4 and 6 & 7 by the accused no. 5

i.e., reporter and thus it is being selected to be published before it takes a shape and appears in the newspaper in Black & White. It is alleged that all the petitioners being the Managing Director, Printer and Publisher, Editor, Bureau Chief, Reporter, Bureau in-charge published two news items on 15-05-2017 and 16.05.2017, which are defamatory by making serious allegations against Y.S.Jagan Mohan Reddy, president of Y.S.R.Congress Party and Y.S.R. congress party. The alleged defamatory, derogatory news items published in the Andhra Jyothi News Paper are libellous, scandalous, untruthful, unfounded, per se defamatory and they were published to promote selfish ends of Telugu Desam party by distorting the true facts about the meeting Y.S. Jagan Mohan Reddy and the party members the Honble Prime Minister and by twisting the representation submitted there at and thus defaming Sri. Y.S. Jagan Mohan Reddy and YSR Congress Party without due care or caution in Andhra Jyothi Telugu daily main edition both in Telangana and Andhra Pradesh with the caption (both vernacular and translated news items are appended to this judgment as annexure) and with Subtitles The crux of the publication is that With these captions a totally distorted version published, the personality, name and fame of Y.S Jagan Mohan Reddy and YSR Congress Party are tarnished, the defamatory article as a banner item was published. It is as follows: Further, it is alleged that the petitioners totally distorted the personal representation dated 09.05.2017 submitted by Sri. Y.S. Jagan Mohan Reddy to the Honble Prime Minister Sri. Narendra Modi on 10.05.2017 where in fact the personal representation submitted deals with defection of the MLAs in Andhra Pradesh Legislative Assembly through corrupt means, the plight of Agri Gold Depositors, owes of Chilli farmers in Andhra Pradesh, granting special category status to Andhra Pradesh with a request to honour the commitment given to the state by granting special category status. While the said representation submitted deals with such aspects, the accused totally published a distorted and a false version of the representation and in their own words published on 15-05-2017 in Andhra Pradesh telugu daily reads as follows. Further elaborated in the article as contents contained in the representation submitted personally to the Honble Prime Minister apparently on 10-05-2017 reads as follows. It is further alleged that the mind-boggling distortion of the representation of Sri. Y.S.Jagan Mohan Reddy submitted in person to the Honble Prime Minister was twisted so much to the extent of disfiguring even as to how the representation was addressed i.e., where in fact the representation was addressed to as Shri Narendra Modi Ji, Honble Prime Minister, Government of India, New Delhi.

Judgement

 The defamatory statement not mentioned as against any person and its about the general statement as against the party. Therefore the Strict responsibility of the crime committed by the accused in this case not provided by the Complainant and the case has been quashed pending before the Metropolitian Magistrate Court




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