(1.) This Criminal Miscellaneous Case has been filed under Sec. 482 of the Code of Criminal Procedure ('Cr.P.C' for short) by the sole accused in C.C.No.393/2020 on the files of Judicial First Class Magistrate Court-II, Kanjirappally, arising out of Crime No.753/2020 of Manimala Police Station, Kottayam, with the following prayers:
(2.) Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the prosecution records and relevant decisions placed by the learned counsel for the petitioner.
(3.) The precise allegation of the prosecution is that the accused, with intention to defame the defacto complainant, published a false news on 13/6/2020 through "Ente Gramam Manimala", WhatsApp group, to the effect that the defacto complainant died. The message published in the WhatsApp group is as under: