FR GEEVARGESE JOHN Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case is filed under Sec. 482 of the Code of Criminal Procedure, 1973 ("the Code" for the sake of brevity).

(2.) The petitioner herein is the accused in Crime No. 263/2017 of Edakkara Police Station now pending before the Judicial Magistrate of First Class Court, Nilambur as S.T. No.677/2017. The above case is charge sheeted against the petitioner alleging offences punishable under Sec. 120(o) of the Kerala Police Act. The case was registered based on a complaint filed by the 2nd respondent. Annexure-A1 is the complaint. Annexure-A3 is the F.I.R. Annexure-A4 is the First Information Statement. Annexure-A5 is the Facebook post.

(3.) The 2nd respondent is an Orthodox Christian Priest of the Indian Orthodox Church. The main allegation in the complaint lodged by the 2nd respondent is that on 8/8/2017, about 35 priests from Malankara Orthodox Church conducted a Hunger Strike before the Head of the Orthodox Church in the Main centre, Kottayam holding a Banner. But, it is stated that with an intention to insult, the rival priest replaced the banner and defamed him before the fellow priests and public at large. Based on Annexure-A1 to A5, the Judicial Magistrate of First Class Court, Nilambur, passed Annexure-A6 order granting permission to register the case. Annexure-A7 is the memorandum of evidence produced along with the charge sheet. Annexure-A8 is the final report. According to the petitioner, the offence under Sec. 120(o) of the Kerala Police Act, is not attracted, even if the entire allegations in the final report are accepted. Hence, this Crl. M.C. is filed.