PEERU MUHAMMED MUSLIM JAMAATH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are accused 1 and 2 in a prosecution under Section 500 of the I.P.C. It is alleged that they, by making an objectionable publication have defamed the complainant/respondent herein. The first accused is a Jama-Ath, a body/collective entity whereas the second accused is the Secretary of that entity. The complainant had arrayed both the respondents as accused obviously because the first accused is also a person coming under Section 11 of the I.P.C.

(2.) The petitioners have entered appearance before the learned Magistrate. They have come to this court with this petition with a prayer that the powers under Section 482 Cr.P.C may be invoked to quash the proceedings initiated against the petitioners.

(3.) What are the grounds? Two grounds are raised. First ground is applicable to both the accused whereas the second ground is limited in its application to the first accused Jama-Ath. The first contention is that the allegations, even if accepted in toto, do not reveal the ingredients of the offence defined under Section 499 I.P.C punishable under Section 500 I.P.C.