<p>The High Court has refused to quash proceedings against a petitioner who contended that the word ‘Punda Pokri’ will not attract defamation under IPC section 500.</p>.<p>The petitioner is a Bengaluru-based realtor and had approached the High Court challenging the proceedings in two criminal cases pending before the Chief Metropolitan Magistrate. The complainant in these proceedings was an employee with the petitioner. Besides the real estate business, the petitioner was also involved in social service activities through a trust.</p>.<p>There was an allegation against the petitioner that he had encroached upon the government land while constructing a school building. In an interview with a vernacular TV channel regarding the allegations, the petitioner referred to the complainant as ‘Punda Pokri’.</p>.<p>On August 16, 2012, the complainant’s wife attempted suicide and died the next day at the hospital. On the complaint, the police investigated and filed the charge sheet for abetment to suicide, while proceedings for charges under defamation also initiated.</p>.<p>The petitioner claimed that the alleged use of the word was casual and did not mean to insult the complainant. He also contended that there was no proximity to the suicide as it happened more than 15 days after the interview, aired on July 27, 2012.</p>.<p>The complainant argued that the use of the word and airing of the same in the TV channel affected the mental health of his wife and she was in a disturbed state of mind. He also claimed that the petitioner used to threaten him as well as his wife by repeatedly calling them on their mobile phones in connection with the encroachment issue.</p>.<p>Justice K Natarajan noted that the court cannot go into details of the case at this stage and the same will have to be proved in a trial.</p>.<p>“Therefore, the perception of threatening words differs from person to person. Hence, at this stage it cannot be said that ‘word’ will not defame the complainant without going for the trial. Therefore, the contention of the petitioner counsel cannot be acceptable that the word ‘Punda-Pokri’ will not attract Section 500 of IPC,” the court said while dismissing both the petitions.</p>
<p>The High Court has refused to quash proceedings against a petitioner who contended that the word ‘Punda Pokri’ will not attract defamation under IPC section 500.</p>.<p>The petitioner is a Bengaluru-based realtor and had approached the High Court challenging the proceedings in two criminal cases pending before the Chief Metropolitan Magistrate. The complainant in these proceedings was an employee with the petitioner. Besides the real estate business, the petitioner was also involved in social service activities through a trust.</p>.<p>There was an allegation against the petitioner that he had encroached upon the government land while constructing a school building. In an interview with a vernacular TV channel regarding the allegations, the petitioner referred to the complainant as ‘Punda Pokri’.</p>.<p>On August 16, 2012, the complainant’s wife attempted suicide and died the next day at the hospital. On the complaint, the police investigated and filed the charge sheet for abetment to suicide, while proceedings for charges under defamation also initiated.</p>.<p>The petitioner claimed that the alleged use of the word was casual and did not mean to insult the complainant. He also contended that there was no proximity to the suicide as it happened more than 15 days after the interview, aired on July 27, 2012.</p>.<p>The complainant argued that the use of the word and airing of the same in the TV channel affected the mental health of his wife and she was in a disturbed state of mind. He also claimed that the petitioner used to threaten him as well as his wife by repeatedly calling them on their mobile phones in connection with the encroachment issue.</p>.<p>Justice K Natarajan noted that the court cannot go into details of the case at this stage and the same will have to be proved in a trial.</p>.<p>“Therefore, the perception of threatening words differs from person to person. Hence, at this stage it cannot be said that ‘word’ will not defame the complainant without going for the trial. Therefore, the contention of the petitioner counsel cannot be acceptable that the word ‘Punda-Pokri’ will not attract Section 500 of IPC,” the court said while dismissing both the petitions.</p>
