SHINE GEORGE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is the third accused in Crime No. 359 of 2010 of Neyyattinkara Police Station for offences punishable under Sections 469 and 501 and 34 IPC, has filed this petition under Section 482 Cr. PC seeking to quash the charge-sheet in C.C. No. 115 of 2012 pending before the Judicial First Class Magistrate Court I, Neyyattinkara.

(2.) The case of the prosecution is as follows: C.W. 1, the Secretary of the Federation of Residents Association, Neyyattinkara (FRAN) filed a complaint before the Ombudsman for Local Self Government Institutions for restraining the first accused from collecting unauthorised collection of fee. The learned Ombudsman passed an order restraining the first accused from collecting the market fee. As per the direction of the first accused, the 4th accused printed posters in the FRAN Association's letter pad model in the press named 'Minipapers' owned by the third accused containing a statement which was not in the order of the Ombudsman and handed over it to the first and second accused. The accused persons, with a common intention to defame the Ombudsman and FRAN, pasted the posters on the wall on different places. On 9-3-2010, C.W. 1 filed Annexure A complaint before the Deputy Superintendent of Police, Neyyattinkara, who forwarded the same to the Sub Inspector of Police, Neyyattinkara.

(3.) The learned counsel for the petitioner submits that the Magistrate can take cognizance of the offence under Section 501 IPC only on a complaint filed before him under Sections 190 and 200 Cr. P.C. It is also contended that in view of specific bar under Section 199 Cr.P.C., the offence under Section 501 IPC will not lie against the petitioner.