ORDER

This Criminal Miscellaneous Case is filed to quash the proceedings in C.C.No.261/2019 on the file of the Judicial First Class Magistrate Court, Peerumedu arising from Crime No.194/2019 of Peerumedu Police Station, Idukki. The above case is chargesheeted alleging offence punishable under section 120(O) of the Kerala Police Act .

2. The allegation is that the petitioner shared a facebook post through his account, which is defamatory to the then Electricity Minister Shri.M.M.Mani. According to the petitioner, sharing of a facebook post is not an offence.

3. Heard counsel for the petitioner and the Public Prosecutor.

4. After hearing the counsel appearing for the petitioner for some time, I am of the considered opinion that, this Crl.M.C need not be entertained for the simple reason that the calendar case is registered in the year 2019. But, the contention of the petitioner can be raised before the trial court by filing a petition under section 258 Cr.P.C. to drop the proceedings. If such a petition is filed, there can be a direction to consider the same and there can also be a direction not to insist the presence of the petitioner till disposal of that petition. The Court will als