He was one of those who piloted and sponsored the resolution.
Court under s. 561A of the Code of Criminal Procedure for quashing the said proceedings.
The Magistrate, on the basis of the companyplaint and the evi dence he recorded, decided to issue process and to proceed with the trial.
The respondent may have been interested in the resolution and its being passed, but the resolution certainly was neither moved number piloted by him.
The, only thing which the respondent claimed to have done as the chairman of the reception companymittee was to give shape to the, draft resolution by abridging it.
The appellants in all, these appeals thereupon approached the High.
18, 53 and 54 of 1972.
2 1965 2 S.C.R. 823, 82 In these circumstances and for the reasons set out above, we allow these appeals, set side the order of the High Court and quash the proceedings taken out by the Magistrate on the ground that the respondents companypaint was number companypetent.Appeals by special leave from the judgment and order dated November 2, 1971 of the Madras High Court in Criminal Misc.
L.J. 535.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos.
The resolution was thus the resolution of the companyference and number of the Dravida Kazhagam, though it was organised by that party.
53 and 54/72 .
The resolution having been moved by the President himself, there was, also ,no question of the respondent or any other person having piloted it at the companyference.
2093, 2089, 2091 of 1971.
Srinivasa Gopalan, T. S. Rangarajan and Saroja Gopala Krishnan, for the appellants in Cr.
The companyference passed a number of resolutions, the one relevant for these appeals was, as translated in Eng lish, by the High Court, as follows It should number be made an offence for a persons wife to desire another man.
of the reception companymittee of the companyference and number in his individual capacity, that in the absence of any reference to him in the said news item he had numbercause for companyplaint, and that the companyference being an undefined and an amorphous body, the respondent as a member or part of such a body companyld number lodge the companyplaint.
Petition Nos.
18/72 .
500 and 501 of the Penal Code framed by the Presidency Magistrate, Madras.
18/72.
The Judgment of the companyrt was delivered by SHELAT, J. These appeals, founded on special leave, are directed against the judgment of the learned Single Judge of the High Court of Madras dismissing the applications filed by the appellants for quashing charges under ss.
Frank Anthony and W. C. Chopra, for the respondent in Cr.
The appellants main companytention before the High Court was that the respondent was number an aggrieved party within the meaning of s. 198 of the Code, that he had filed the companyplaint in his capacity as the chairman.
The companymon question raised in all these appeals is whether the respondent the original companyplainant was an aggrieved person companypetent to file the said companyplaints within the meaning of S. 198 of the Code of Criminal Procedure read with s. 499, Explanation 2 of the Penal Code.
One Pachaimuthu and R. Natesan were appointed secretaries of the companyference and they were responsible for the proceedings.
Regarding the resolution in question, he said that after the President Pariyar proposed numberody announced opposition to the resolution.
The aims and objects of the party are to bring about social reforms and in particular to eradicate certain customs and practices, which, according to its promoters, are sheer superstitions.
53 54/72 .
A. No.
Doraiswami and A. Subhashini, for the respondent in Cr.
The news item in question referred to the companyference and number to the Dravida Kazhagam, and therefore, if anybody was defamed by the said news item, it was the companyference and number the Dravida Kazhagam which had only organised that companyference.
C. Chagla, A. R. Ramanathan and Saroja Gopalakrishnan, for the appellants in Cr.
The companyplaint came to be filed in the following circumstances The Dravida Kazhagam, a party having a platform for social reforms, has, according to companynsel for the respondent, a membership of about 4000 persons in Madras city and elsewhere.
