Sri.V.S. Achuthanandan, leader of opposition in the Kerala Legislative Assembly, is now an accused in a criminal case indicted on a charge for the offence of defamation under S.500 of the Indian Penal Code. The complaint against him has been filed by the respondent before the Court of a judicial magistrate of first class. Respondent describes himself as Vice President of a local unit of Bharathiya Janalha Party (BJP). This petition is filed under S.482 of the Code of Criminal Procedure (for short 'the Procedure Code') to have the complaint quashed.

2. In the complaint, it is alleged that the petitioner made an imputation against BJP to the effect that Shri.K. Karunakaran (present Chief Minister of Kerala) has paid lakhs of rupees to BJP for winning the last general elections. According to the complainant, the said imputation is a calumny which was hurled for damaging the reputation of the party and it has inflicted insult and loss of reputation to him as well as to the BJP workers like him.

3. Upon the said complaint learned magistrate took cognizance of the offence and issued process to the accused. Petitioner contends that learned magistrate ought not have taken cogniza