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2025 Supreme(Online)(Ker) 49663

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. G. Ajithkumar, J
MATHEW SAM – Appellant
Versus
PASTOR JOE P KURIAN – Respondent


Advocates:
For the Appellants/Petitioners: SRI.T.V.GEORGE, SMT.LINDA GEORGE
For the Respondents: SRI HRITHWIK C S (SR PP)

O R D E R

This revision is filed by the accused in S.T.No.135/2022 pending before the Judicial First Class Magistrate Court, Idukki. It was the prosecution in the case initiated against the petitioner by the 1st respondent herein under Section 500 of the Indian Penal Code , 1860.

2. The 1st respondent filed a complaint before the Judicial First Class Magistrate Court, Idukki, alleging that some messages made by the petitioner in a WhatsApp group against the 1st respondent are defamatory to him, and the same happened to be read by many people. Based on the same, the learned Magistrate took cognizance and numbered the case as S.T.No.135/2022 and issued summons to the revision petitioner/accused.

3. According to the petitioner, the order taking cognizance is illegal and without considering the averments in the complaint. Hence this revision petition.

4. Heard the learned counsel for the petitioner. Even though notice is issued to the 1st respondent, there is no appearance for the 1st respondent. That itself shows that the 1st respondent is not interested in proceeding with the complaint.

5. The learned counsel for the petitioner submits that the alleged statement made by the revision pet

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