AYUB H.H. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is the complainant in CMP No.760/2022 on the files of the Additional Chief Judicial Magistrate, Ernakulam, is aggrieved by the order dtd. 19/12/2022 passed by the Court of the Additional Chief Judicial Magistrate, Ernakulam.

(2.) The petitioner states that he filed a private complaint stating that on 22/2/2022, a defamatory content has been posted by the 2nd respondent on the Facebook page named Alias @ Queen on Wheels, which is defamatory to the petitioner. The defamatory post was made with the intention to tarnish the reputation and goodwill of the Firm run by the petitioner. The 2nd respondent has thereby committed the offence punishable under Ss. 500, 501 and 502 IPC.

(3.) The petitioner examined PWs 1 to 4. The Court of the Additional Chief Judicial Magistrate, after going through the contents of the matter alleged to be defamatory, came to a conclusion that there is nothing to show that the 2nd respondent had published any imputation concerning the complainant with intention to harm him. The Additional CJM took note of the judgment of this Court in 2018 KHC 160 and held that there is no sufficient ground for proceeding with the complaint. The complaint was hence dismissed under Sec. 203 Cr.P.C. It is aggrieved by the dismissal of the complaint that the revision petitioner is before this Court invoking Ss. 397 and 401 Cr.P.C.