NOBLE THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The factual aspects projected in this petition filed under Sec.482 of the Cr.P.C . is as follows :

(2.) Heard Sri.Baiju Noel.M., learned counsel appearing for the petitioners/accused 1 to 6 and Sri.T.R. Renjith, learned Prosecutor appearing for R1-State of Kerala and Sri.P.G.Suresh, learned counsel appearing for R2 (lady defacto complainant).

(3.) One of the main contentions urged on behalf of the petitioners is that the offence as per Sec.500 of the IPC (criminal defamation) cannot be the subject matter of the FIR registered under Sec.154 of the Cr.P.C . or the final report/charge sheet as envisaged under Sec.173 of the Cr.P.C . for the simple reason that as it is stipulated in Sec. 199(1) of the Cr.P.C . that no court shall take cognizance of an offence punishable under Chapter XXI of the IPC , except upon a complaint made by some person aggrieved by the offence. It is urged that the offence as per Sec.500 of the IPC comes under Chapter XXI of the IPC and therefore, the cognizance of such an offence could be taken only upon a complaint made by some person aggrieved by the offence and not on the basis of police report/ charge sheet/final report in terms of Sec.173 of the Cr.P.C.