A.N.SATHI DEVI Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are the accused in C.C. No.709/2015 of Judicial First Class Magistrate Court, Kalamasserry, for the offences punishable under sections 118(d) and 120(o) of the Kerala Police Act, 2011 (hereinafter referred to as 'the KP Act'). Petitioners are the parents of the 2nd respondent/defacto complainant and the 1st petitioner is the wife of the second petitioner.

(2.) The prosecution case in brief is that the petitioners/accused sent a letter to the Honourable Chief Minister of Kerala and the office bearers of Sankaran Memorial Trust, containing certain indecent remarks against the 2nd respondent and published its contents in mass media, which according to the defacto complainant/2nd respondent, amounts to defamation and nuisance.

(3.) The second respondent lodged a complaint before the jurisdictional Magistrate alleging offences under sections 118(d) and 120(o) of the KP Act and the same was forwarded to the Station House Officer, Kalamasserry for investigation under Section 156(3) Cr.P.C and consequently, the police registered Annexure A1-FIR on