IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
NELSON CHIRAYIL – Appellant
Versus
A.B. SREEKALA – Respondent
CRL.MC NO. 2118 OF 2022
| Table of Content |
|---|
| 1. challenge to jurisdiction and sufficiency of allegations. (Para 1 , 2) |
| 2. court's observation on the validity and implications of the complaint. (Para 3 , 4) |
ORDER
Dated this the 07th day of January, 2026 The petitoner is the accused in C.C No. 8 of 2021 on the file of the Chief Judicial Magistrate Court, Ernakulam, which was initiated on a private complainant filed by the 1st respondent alleging offences punishable under Section 500 of the IPC .
2. One of the contentions raised by the learned counsel for the petitioner is that the Chief Judicial Magistrate Court, Ernakulam, had no territorial jurisdiction to entertain the matter. Another ground raised is that the allegations levelled against him do not constitute the offence under Section
500 of the IPC .
3. Though notice was served on the 1st respondent/defacto complainant, she did not turn up. The petition was opposed by the learned Public Prosecutor.
4. In Annexure A complainant the allegation raised against the petitoner is that the proof affidavit filed by him in a suit, some defamatory imputations were raised against the defacto complainant. On receiving a copy of the proof affidavit, she entrusted the same to a friend of her counsel at Ernakulam. After reading the proof affidavit, the counsel informed her that there were some defamatory imputations against her in the said proof affidavit. Thereafter, the friend of the counsel, who is known to her disclosed those defamatory allegations against the defacto complainant to some other persons. Even if the entire allegations raised against the petitioner are believed in its face value, the offence under Section 500 of the IPC is not made out against the petitioner.
In the above circumstances, no useful purpose will be served in continuing the proceedings against the petitioner, as it will be an abuse of the process of the Court. In the result, this Crl.M.C is allowed. All further proceedings against the petitioner in C.C No. 8 of 2021 on the file of the Chief Judicial Magistrate Court, Ernakulam, is quashed.
Sd/-
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.