Crl.M.C.No.9500/24 1 2025:KER:30663 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 CRL.MC NO. 9500 OF 2024 AGAINST THE ORDER/JUDGMENT DATED IN CC NO.394 OF 2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,TIRUR PETITIONERS: 1 DR. P.A. FAZAL GAFOOR, AGED 65 YEARS S/O. LATE P.K. ABDUL GAFOOR, MANAPPAD HOUSE, PRESIDENT, MUSLIM EDUCATIONAL SOCIETY (REGD), IMA HALL ROAD, KANNUR ROAD, P.O. NADAKKAVU, KOZHIKODE, PIN - 673001 2 PROF. P.O.J. LABBA, AGED 86 YEARS S/O. P.M. OOMER LABBA,GENERAL SECRETARY, MUSLIM EDUCATIONAL SOCIETY (REGD),YAKEEN, ASHRAMAM, KOLLAM, PIN - 691002 Crl.M.C.No.9500/24 2 2025:KER:30663 BY ADVS. M.A.VAHEEDA BABU BABU KARUKAPADATH ARYA RAGHUNATH KARUKAPADATH WAZIM BABU P.LAKSHMI AYSHA E.M. ABUASIL A.K. HANIYA NAFIZA V.S. RESPONDENTS: 1 DR. N.M MUJEEB RAHMAN, AGED 56 YEARS S/O DR. N.K MUHAMMED, JAMAL MANZIL, VALANCHERY P.O, MALAPPURAM DISTRICT,, PIN - 676552 2 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682018 BY ADVS. NIRMAL.S VEENA HARI OTHER PRESENT: SMT. PUSHPALATHA. M.K, SR.PP. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 26.03.2025, THE COURT ON 27.03.2025 PASSED THE FOLLOWING: Crl.M.C.No.9500/24 3 2025:KER:30663 V.G.ARUN, J = = = = = = = = = = = = = = = = = Crl.M.C.No.9500 of 2024 = = = = = = = = = = = = = = = = = = Dated this the 27 th day of March, 2025 ORDER Petitioners are the accused in C.C.No.394 of 2021 on the files of the Judicial First Class Magistrate Court -I, Tirur. The case originated from the complaint filed by the 1st respondent alleging that, with the objective of defaming him, the petitioners issued a press-note on 02.11.2020 stating that due to the acts of the 1st respondent, M.E.S had lost crores of rupees and by reason of his dereliction of duty and supervisory lapses, the 1st respondent had earlier been removed from the post of Medical Superintendent of the M.E.S Medical College. In the complaint, the 1st respondent has alleged that the print and electronic media published news items based on the press- note, which resulted in his reputation in society being lowered. Crl.M.C.No.9500/24 4 2025:KER:30663 2. Learned counsel for the petitioners contended that his clients are the President and General Secretary of the M.E.S. and have the authority to remove the 1st respondent from his post. According to the counsel, the press-note was intended to inform the members of the M.E.S and others about the 1st respondent's removal and the reasons for taking such action. Therefore, the news items published based on such information cannot be termed as imputation intended to defame the 1st respondent. 3. Per contra, learned counsel for the 1st respondent argued that her client was never removed from the post of Medical Superintendent of M.E.S Medical College and the false news was deliberately published with the intention of defaming him. 4. Although various other contentions are raised by the counsel on either side, in so far as the question whether the 1st respondent was actually removed from the post of Medical Superintendent of M.E.S. Medical College is dependant on the Crl.M.C.No.9500/24 5 2025:KER:30663 evidence to be tendered by the parties, it is inappropriate to exercise the inherent power under Section 528 of the BNSS, 2023, at this stage. The Crl.M.C is hence closed, without prejudice to the rights of the parties to urge all contentions, including those raised in this case, before the trial court. sd/- V.G.ARUN, JUDGE sj Crl.M.C.No.9500/24 6 2025:KER:30663 APPENDIX OF CRL.MC 9500/2024 PETITIONER ANNEXURES Annexure A1 A CERTIFIED COPY OF THE COMPLAINT IN C.C. NO.394/2021 ON THE FILE OF THE HON’BLE JUDICIAL FIRST CLASS MAGISTRATE COURT – I, TIRUR FILED BY THE 1ST RESPONDENT/ COMPLAINANT Annexure A2 A TRUE COPY OF THE PRESS RELEASE PRODUCED BY THE 1ST RESPONDENT/COMPLAINANT ALONG WITH THE COMPLAINT PURPORTED TO HAVE BEEN PREPARED BY THE PETITIONERS/ACCUSED Annexure A1 certified copy of the complaint in C.C. No.394/2021 on the file of the Hon’ble Judicial First Class Magistrate Court – I, Tirur filed by the 1st respondent/ complainant RESPONDENT ANNEXURES Annexure R1(a) True copy of the Order dated 05-03-2021 in CMP.2725/2020