This Criminal Miscellaneous Case is filed by the petitioners who are accused Nos. 1 and 2 in S.T.No.2240 of 2004 on the file of the Judicial First Class Magistrate-III, Thrissur to quash a private complaint filed by the first respondent, Sri. Rajaji Mathew Thomas.

2. S.T.No.2240 of 2004 arises from a private complaint filed by the first respondent alleging that the petitioners along with four others committed an offence punishable under section 499 and 500 of the Indian Penal Code. The complainant/first respondent is a follower of communist Party of India and General Secretary of All India Youth Federation; a Youth Wing of C.P.I. He was also stated to be the Vice President of Would Youth Federation known as WFDY for a period of 11 years and a person who presented papers in Seminars held in 40 countries. He is working as Executive Member of C.P.I. Thrissur District and also working as a co-ordinator for Kerala Social Forum.

3. Petitioners who are accused Nos. 1 and 2 are the Chairman Managing Director Respectively of a company by name Malayalam Communications Limited. Which is telecasting a television channel by name Kairali T.V. The third accused is the production executive of the television programme by name "Aswamedham" telecasted by Kairali T.V. 4th accused is the producer of that programme. 5th accused is the host and 6th accused was a participant selected from the audience of the above said programme aired on 10-03-2004.

4. In the Crl.M.C. it is averred that the averments in the complaint do not prima facie constitute an offence against the petitioners and it is an abuse and misuse of the process of court. It is averred that the allegations made in the complaint even if taken in its face value do not make out a prima facie case to attract the offence alleged against the petitioners and they have been implicated due to extraneous reasons. It is alleged that there is no allegation in the complaint that either the petitioners or any of the employees of the Malayalam Communications Limited had made any defamatory statement against the complainant. No such allegation is leveled against the 5th accused also. It is averred that in the complaint itself it is admitted that the defamatory statement was made by the 6th accused who was a participant in the programme. The only allegation made against the petitioners is that they know that the alleged statement made against the complainant was being broad casted and knew that the complainant was not expelled from the Communist Party for committing financial regularities. It is also averred that there is no allegation in the complaint to the effect that the petitioners were in any manner directly or indirectly involved in the production or recording of the programme or that they had any role or control over the contents of the programme in which the alleged defamatory statement was made. It is also alleged that the petitioners were arrayed as accused based on their designation alone and three is no averment in the complaint that the petitioners were in charge and responsible for the conduct of the business of the company or that they had any control over the day to day affairs of the company. It is also averred that in the complaint itself it is admitted that the recorded programme was subjected to editing and screening by a number of person before broadcasting it. There is no allegation that the petitioners were also involved or responsible for the editing and screening of the programme so as to make them liable for the statements made by the participant in the programme. It is also alleged that there is no allegation that the petitioners are involved in the selection of any of the programme for broadcasting in the T.V. Channel or that they were in charge and responsible for the day today affairs of the company or that they had any manner of control over the production of the particular programme "Aswamendham". It is also alleged that the petitioners were arrayed as accused on