The respondent filed a complaint under Section 200 of

Cr.P.C alleging that the Chief Officer of the Town Municipality,

Karkala when sought for an explanation from Petitioner's

association, they have stated that the complainant is of unsound

mind. The learned Magistrate after recording the sworn

statement of the complainant and after perusing the complaint

and the documents annexed to the complaint, took cognizance of

the offences punishable under Sections 499, 500 and 501 of IPC

and registered the case and issued summons to the petitioners 3

accused. Taking exception to the same, this petition is filed.

2.

The learned counsel appearing for the petitioners

submits that the allegations made in the complaint do not

disclose the commission of offence alleged against the petitioners

3

and in the absence of the any essential ingredients so as to

constitute the commission of the aforesaid offences, the learned

Magistrate has committed an error in taking the cognizance of

the aforesaid offences. He further submits that the alleged

defamatory remark was made in the year 2009. However, the

complaint has been filed in the year 2012 without offering any

plausible explanation, which clearly im