ORDER :

The petitioner, who is the sole accused in C.C.No.1980/2013 before the Judicial First Class Magistrate-II, Thiruvananthapuram challenges the order of the court issuing process to him for commission of offences punishable under Sections 116, 109 of 182 and 195A of the Indian penal code, 1860 (for short, 'the IPC), invoking Section 482 of the Code of Criminal Procedure, 1973 (for short, 'the CrPC').

2. He is the chief editor of the crime Magazine published from Kozhikode District. Annexure-A complaint, on the basis of which the impugned order was issued, was instituted against him by the Additional Superintendent of Police, Central Bureau of Investigation, Special Crime Branch, Thiruvananthapuram, who is the first respondent herein. The learned Magistrate, after making it clear in the impugned order that it was a complaint filed by a public servant acting in discharge of his official duties, dispensed with his examination under Section 200 of the CrPC.

3. The challenge in this proceeding is that the order dispensing with the examination of the first respondent invoking proviso(a) to Section 200 of the CrPC, is illegal and has been passed without application of mind. It is conten