ORDER : A private complaint was submitted alleging offence punishable under Sections 499 and 500 of IPC against the accused Nos. 1 to 9. During the pendency of the complaint the accused No.2 passed away. The accused Nos.3 to 9 came up to quash the complaint and further proceedings thereof in CC.No.933/2015 of the Judicial First Class Magistrate Court -III, Calicut. It is based on a publication of a news item in a newspaper, which is extracted below for reference: 2. Going by the said news item, it is clear that what is reported is with respect to the revelation made by Retired S.P., one C.M. Pradip Kumar, in a news channel, wherein he had disclosed the visit of one Mohammed Fahad, a Pakistan citizen, just before the Marrad Massacre and the funding alleged to have been made in connection with the said Massacre. It is stated that during the investigation pertaining to the source of money and funding connected with the Marrad Massacre, the close relationship between the abovesaid Fahad and the defacto complainant came to his notice. It is also revealed by him that the defacto complainant made a proscriptive reply that he lost his mobile phone while taking a bath in the sea and somebody has taken away and used it to contact with the abovesaid Mohammed Fahad. Against the said news item the defacto complainant came up with a private complaint alleging the offence under Sections 499 and 500 IPC against accused Nos. 1 to 9. 3. The said news item published by accused Nos.2 to 9 is a true version of what is stated by a retired S.P., regarding the source of money and funding in connection with the Marrad Massacre. It contains a revelation that the mobile phone belonged to the defacto complainant used for contacting with the abovesaid Pakistan citizen Mohammed Fahad. 4. In fact, what is reported in the news item in a daily newspaper is the true version of what actually spoken by the accused No.1, retired S.P. in connection with Marrad Massacre. Hence it will not constitute the offence as defined under Section 499 or offence under Section 500 IPC against the petitioners. 5. 4. In fact, what is reported in the news item in a daily newspaper is the true version of what actually spoken by the accused No.1, retired S.P. in connection with Marrad Massacre. Hence it will not constitute the offence as defined under Section 499 or offence under Section 500 IPC against the petitioners. 5. Further, it is the solemn duty of the fourth estate to publish all news materials, especially having public importance and it is their further duty to comment on the news material with its pros and cons so as to enlighten the society to remain vigilant on the matters of public importance. It would squarely come under the first exception attached to Section 499 IPC, when it is done with bonafides for the public interest. The fourth estate being one of the rostrums to address and comment on each and every matters governing public interest/ public importance in a democratic society, the news item published with necessary comments, though sometimes contemptuous, may not itself amount to a defamation as defined under Section 499 IPC, unless the same is lacking in good faith and not concerning with a matter of public interest or public good. The first proviso to Section 499 IPC has got a wide canvass in a democratic system and right to publish a news item with its necessary comments and views though sometimes contemptuous, cannot be defeated unless malafides writ large on its face and not concerning with a matter of public interest or public good. The contemptuous nature of news item if it is connected with imputation of truth which requires publication for the public good will not attract the offence. The news item published hence will not attract the offence of defamation as defined under Section 499 IPC. The present private complaint is really intended to defeat the solemn function vested with the fourth estate and it will tell upon what is behind it, especially when there is serious revelation made by accused No.1 regarding the contact between a Pakistan citizen through the mobile phone of defacto complainant. A sect of people living in the seashore of Marrad are the victims. The version that the mobile phone of the defacto complainant lost in the seashore while taking a bath assumes importance. A sect of people living in the seashore of Marrad are the victims. The version that the mobile phone of the defacto complainant lost in the seashore while taking a bath assumes importance. Hence, it requires a serious consideration by the Police and the inaction, if any, from the part of Police would amount to compromising with the security of the nation as well the State and the society at large, especially when it is connected with the massacre of a sect of people. Hence the complaint and the further proceedings being an abuse of the process of court are hereby quashed. Crl.M.C. is allowed.