ORDER :

The prayer in the aforementioned Criminal Miscellaneous Case filed under Sec. 482 of the Code of Criminal Procedure is as follows:

“..... prayed that the proceedings pursuant to Annexure I First Information Report in Crime No. 900/2018 of Vadakkekara Police Station, Ernakulam, may be quashed in the interest of justice.”

2. Heard Sri.V.A.Vinod, learned counsel appearing for the petitioner, Sri.Saigi Jacob Palatty, learned Prosecutor appearing for R-1 & R-2 State authorities and Smt.N.Deepa, learned counsel appearing for contesting respondent No.3 (lady defacto complainant).

3. It appears that the 3rd respondent defacto complainant had earlier filed a petition before the Judicial First Class Magistrate's Court-I, North Paravoor, complaining that the petitioner herein has committed offence as per Sec.500 of the I.P.C. which is a non cognizable offence, on account of the petitioner's publishing certain postings in his Facebook account making certain remarks against the 3rd respondent, which according to her, are derogatory and defamatory to her reputation. It also appears that the learned Magistrate, instead of treating the said petition/complaint as a complaint under Sec. 190 of t