FR THOMAS MANIANKERIKALAM Vs. THOMAS J PADIYATH

JUDGEMENT

(1.) Accused 2 and 3 in S.T. 1876 of 2000 on the file of the Judicial First Class Magistrate - III Kottayam are the petitioners. They have filed this application under S.482 of the Criminal Procedure Code to quash the proceedings in the said S.T. 1876 of 2000. They along with three others are the accused in the said case. It is inter alia alleged in the complaint that they have committed the offence punishable under S.500 of the Indian Penal Code. The gist of the complaint against them is that they have indulged in publication of malicious and defamatory imputations and insinuations against the complainant a person employed in Dubai. The complaint was filed by him through his power of attorney. The crux of the contention is that the holder of the power of attorney is not a person aggrieved by the offence and is therefore not competent to file the complaint.

(2.) The only question that falls for consideration in this Criminal Miscellaneous Case is hence whether the complainant / first respondent herein is competent to file the complaint through his power of attorney holder.

(3.) The relevant statutory provision is S.199(1) of the Code of Criminal Procedure. I extract below S.199(1) and its proviso.