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Kumaragurudasa Swamigal Vs. Krishnaswami Mudaliar and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Reported in85Ind.Cas.144; (1924)47MLJ664
AppellantKumaragurudasa Swamigal
RespondentKrishnaswami Mudaliar and ors.
Excerpt:
- - i do not think that the personal character or respectability of the complainant is in any way assailed by the use of the expressions complained of.ordermadhavan nair, j.1. this is an application to revise an order of acquittal passed by the presidency magistrate. a book was written by the 1st accused as a reply to a book written by the complainant. both the books deal with highly controversial religious matters. in expressing his opinion, the 1st accused has no doubt used very violent expressions, but taking them along with the context in which they appear, i agree with the magistrate that they cannot be considered defamatory. i do not think that the personal character or respectability of the complainant is in any way assailed by the use of the expressions complained of. i dismiss this application.
Judgment:
ORDER

Madhavan Nair, J.

1. This is an application to revise an order of acquittal passed by the Presidency Magistrate. A book was written by the 1st accused as a reply to a book written by the complainant. Both the books deal with highly controversial religious matters. In expressing his opinion, the 1st accused has no doubt used very violent expressions, but taking them along with the context in which they appear, I agree with the Magistrate that they cannot be considered defamatory. I do not think that the personal character or respectability of the complainant is in any way assailed by the use of the expressions complained of. I dismiss this application.


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