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2013 Supreme(Online)(KER) 29969

HIGH COURT OF KERALA
K.HARILAL, J
ADV M P CHOTHY – Appellant
Versus
STATE OF KERALA – Respondent


O R D E R

This revision petition is filed, assailing the impugned order passed by the Judicial First Class Magistrate Court-I, Perumbavoor u/s 203 of the Cr.P.C. The Revision petitioner is the complainant in CMP No.1953/2012 filed against one Mr.Tomy Chacko alleging the offence punishable u/s 7(1) (d) of the Protection of Civil Rights Act (for short 'the Act').

The case of the complainant is as follows:

2. The complainant is a member of Scheduled Caste and also a practising lawyer. The accused is working as District Scheduled Caste Development Officer at Kakkanadu. On 27/09/2012, the Revision petitioner had submitted an application before the Public Information Officer of the office of the accused. In response to that application, accused sent a reply letter answering the query put by the Revision petitioner. In that reply letter, the accused has addressed the complainant by stating his name at four places. According to the Revision petitioner/complainant, mentioning his name in the reply notice amounts to an 'insult' within the purview of Sec.7(i) (d) of the Act and thereby he has committed the offence punishable under the said Section.

3. After recording the sworn statement of the

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