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K.T.THOMAS
Ref. Fr. Bernad Thattil – Appellant
Versus
Ramachandran Pillai – Respondent


M/s. Siby Mathew, A.A. Mohd. Nazir and P. Vihayabanu, Advocates - For the Petitioner.
M/s. Palazhi Gopinatha Menon and Govindankutty Menon, Advocates - For the Respondent.

JUDGMENT

K.T. Thomas, J. - On a private complaint filed against the petitioner, the Chief Judicial Magistrate, Trichur took cognizance of an offence under section 500 of the I.P.C. and issued process to the petitioner. This petition under section 482 of the Code of Criminal Procedure is to quash the said complaint and the subsequent proceedings. The respondent is the complainant.

2. The' petitioner is the Vicar of St. Terasa's Ghurch, Arimpoor Village and he is also the Principle of an educatiol1al complex in Trichur. The respondent/complainant was employed as a driver of the bus belonging to the said chprch. It is alleged that the petitioner denied employment to the respondent on and after 16.12.1984 and thereupon, the respondent issued a notice to the petitioner through a lawyer. In reply thereto, a notice was sent by the petitioner's lawyer in which it is mentioned that the respondent had misappropriated a sum of Rs. 90/- from the amount given to him by the petitioner to purchase diesel. The respondent took serious note of the said reply notice and filed the complaint against the petitioner alleging that the imputation contained in the notice is libellous to him. It is further a

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