Chennai, Feb 20 (UNI) Madras High Court today dismissed a petition by DMDK founder president and actor politician Vijayakant seeking to quash the defamation complaint by Minister and DMK Treasurer Arcot Veerasamy against him for alleged defamatory remarks against Chief Minister M Karunanidhi during the income tax raid on the actor.
Justice K N Basha, however, directed the trial court, which has asked Vijayakanth to appear before it tomorrow, to dispense with it on condition that he should appear before the Chief Metropolitan Magistrate, Egmore (trial court) as and when required by the Magistrate and cooperate fully for speedy disposal of the trial.
The judge said the complaint was filed by a minister of the Cabinet rank headed by the present Chief Minister.
The remarks allegedly made by the petitioner against the Chief Minister affected the complainant and made him feel hurt. In view of the well settled principle of law laid down by the apex court, this court had no hesitation to hold that the complainant was the competent person to initiate the complaint and had locus standi.
He came clearly under the category of 'some other person' aggrieved by the offence as contemplated under Section 199 (1) of CrPC.
Mr Vijayakanth's petition was quashed as devoid of merit.
Considering the submission of petitioner's counsel that he was a political party leader and a popular film actor too, the trial court was directed to dispense with his personal appearance.
In his petition, Mr Vijayakant alleged his party that contested independently, scored more votes both in Assembly and local body elections and was growing fast with overwhelming support. His party had become a challenge to the DMK and so the complainant and his party had developed political enmity and filed the complaint to harass him and to wreak personal vengeance.
UNI
Justice K N Basha, however, directed the trial court, which has asked Vijayakanth to appear before it tomorrow, to dispense with it on condition that he should appear before the Chief Metropolitan Magistrate, Egmore (trial court) as and when required by the Magistrate and cooperate fully for speedy disposal of the trial.
The judge said the complaint was filed by a minister of the Cabinet rank headed by the present Chief Minister.
The remarks allegedly made by the petitioner against the Chief Minister affected the complainant and made him feel hurt. In view of the well settled principle of law laid down by the apex court, this court had no hesitation to hold that the complainant was the competent person to initiate the complaint and had locus standi.
He came clearly under the category of 'some other person' aggrieved by the offence as contemplated under Section 199 (1) of CrPC.
Mr Vijayakanth's petition was quashed as devoid of merit.
Considering the submission of petitioner's counsel that he was a political party leader and a popular film actor too, the trial court was directed to dispense with his personal appearance.
In his petition, Mr Vijayakant alleged his party that contested independently, scored more votes both in Assembly and local body elections and was growing fast with overwhelming support. His party had become a challenge to the DMK and so the complainant and his party had developed political enmity and filed the complaint to harass him and to wreak personal vengeance.
UNI
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