1. This matter comes up on remand.

2. Petitioner, one of the accused in C.C.147/86 on the file of the Additional Judicial Magistrate of First Class, Kozhikode, moved this court under S.482 of the code, to quash a complaint for defamation against him, on the allegation that an article defamatory to the complainant appeared in the paper. Petitioner is the Chief Editor of a newspaper.

3. The complaint was quashed, as there was no averment that the Chief Editor was the person who selected the material for publication. The decisions in C.H. Mohammed Koya v. Muthu Koya (AIR. 1979 SC. 154), State of Maharashtra v. Choudhury (AIR 1968 SC. 110) and D.P. Mishra v. K Sharma (AIR. 1971 SC. 856) were relied on to hold that the Chief Editor could not be held liable.

4. Complainant-respondent took up the matter in appeal to the Supreme Court, in Crl. A. 282/88. The Supreme Court set aside the order and remitted the matter observing:

"The High Court shall direct the respondent to formulate the ground in the form of an affidavit and allow appellant herein to file an affidavit in rejoinder and thereafter bear the parties on the question as to the maintainability of the complaint against the