K.V. Sankaranarayanan, J.

Petitioner has filed a complaint petition against a daily newspaper alleging that publication of a news item was defamatory and it amounted to an offence under S.500 I.P.C. It is pending as C.C. No. 474/96 on the file of the Chief Judicial Magistrate, Kottayam. The second respondent is the Chief Editor of the newspaper. He also happens to be the Chief Minister at present. The second respondent sought exemption from personal appearance by C.M.P. No, 4193/97. The learned Magistrate has considered and granted the prayer. This petition is filed for quashing the order of the learned Magistrate granting exemption to the second respondent from personal appearance. A perusal of the order of the learned Chief Judicial Magistrate shows that exemption has been granted on the basis that the second respondent who is the second accused in the case is only the Chief Editor. He is the Chief Minister also. The offence is not one involving moral turpitude and being a busy person, exemption from personal appearance will be justified.

2. It is contended by learned counsel for the petitioner that though exemption from personal appearance may be justified at the trial