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IN THE HIGH COURT OF KERALA AT ERNAKULAM
V. G. Arun, J
SIJU A.THOMAS – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. invalid registration of defamation crime by police. (Para 1 , 2) |
| 2. defendant not a party due to prior passing. (Para 4) |
| 3. law mandates complaint from aggrieved person. (Para 5) |
ORDER
Dated this the 26th day of June, 2025 The challenge in this Crl.M.C. is against the registration of Crime No.16 of 2020 at the Karuvarakundu Police Station for offences punishable under Sections 500 and 501 r/w Section 34 of IPC and the further proceedings in C.C. No.502 of 2020 on the files of the Judicial First Class Magistrate Court, Manjeri, based on the final report filed in that crime.
2. The main contention urged by the learned counsel for the petitioners is that the offence being under Section 500 and 501 of IPC , neither are the police competent to investigate nor the Magistrate, to take cognizance based on such police report. In support of this argument, reliance is placed on decisions of the Apex Court inSubramanian Swamy v. Union of India [(2016 7 SCC 221] and M.S. Jayaraj v. Commissioner of Excise, Kerala and Others [(200) 7 SCC 552]. Reference is also made to Section 199 Cr.P.C ..
3. I heard the learned Public Prosecutor also.
4. As the defacto complainant is no more, he
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