C.K.ASSANAR Vs. HIGH OF KERALA

JUDGEMENT

(1.) THE complainant in a prosecution for the offence punishable under Section 500 read with Section 34 of IPC is the appellant as he is aggrieved by the judgment dated 25/01/2002 in C.C.No.811 of 1995 of the court of the Judicial First Class Magistrate Court -I, Cherthala by which the learned Magistrate acquitted the accused 9 in numbers under Section 255(1) of Cr.P.C.

(2.) THE case of the complainant is that he is a senior auditor in the construction wing of Southern Railway and also a social worker and active worker of Kerala Naduvathul Mujahideen. According to the claim of the complainant his organisation is fighting against the superstition prevailing among the muslim community and upholding the basic principles of Islam. As such orthodox members of the community are against the complainant and his organisation. It is the further case of the complainant that he took active steps for the construction of a mosque for the muslims residing at Manakkodam and particularly on the above aspect the accused who are members of Poomkavil Puthenpally Muslim Mahal Sangam are inimical terms with him. So, according to the complainant, with the intention to hurt the reputation of the complainant, the accused published a notice on 20/2/1995 which produced as Ext.P7 wherein it is alleged that the complainant without obtaining membership of Poomkavil Puthenpalli muslim Mahal Sangam register No.A.145/77 of Pattanakkad and without the consent of the mahal and without remitting the fee or informing the details of the bride, "by using some unknown means", married a girl from some other mahal. According to the complainant, this notice lowered his reputation among the community and the accused published the said notice with the knowledge that the same will hurt the reputation of the complainant. Thus, according to the complainant, the accused has committed the offence punishable under Section 500 of IPC. Originally there was only one accused i.e., A1. During the pendency of the above case Crl.M.P.No.2253 of 1993 was moved by which 8 other persons are also sought to be impleaded as accused as they have also involved in the conspiracy on the basis of which Ext.P7 was issued. The court below allowed the said petition and thus 8 more persons impleaded as accused who according to the complainant are the members of the mahal committee and who issued Ext.P7 notice.

(3.) HEARD Sri.T.P.Sajan, the learned counsel appearing for the appellant and Sri.Mohammed Puzhakkara, the learned counsel appearing for R2 to R10. Both the counsel for the appellant as well as the respondents advanced several contentions in support of their stand assailing the judgment of the trial court as well as supporting the same.