1. C.C. No. 496 of 1985 on the file of the Additional Judicial First Class Magistrate, Ernakulam was taken to file for an offeree punishable under S.500 read wish S.34 of the Indian Penal Code against two accused on a private complaint filed by the petitioner. First accused is Shri K.M. Mathew, Chief Editor, Malayala Manorama Daily published from Kottayam Second accused is Shri Mammen Varghese, Printer and Publisher of the same paper. First accused filed M P. No. 1896 of 1987 based on a decision of this Court in Mathew v. Nalini (1987 (2) K L.T. 286) requesting that the proceedings against him may be dropped. The prayer was allowed by order dated 5-12-1987 and the Magistrate ordered the complaint to be proceeded against the second accused alone. The correctness and propriety of that order is under challenge by the complainant.

2. Mathew's case (1987 (2) K.L.T. 286) said:

"An editor is liable for the material published by reason of S.7 of the Press and Registration of Books Act,. 1867. Editor is defined on S.1(1) of the Act as the person selecting the material for publication. The definition is not by nomenclature but functional. The Press and Registration of Books Act doe