ORDER

The petitioner is the accused in C.C.No.517/2019 on the files of the Judicial First Class Magistrate Court, Taliparamba. The offences alleged against him in the aforesaid case, in which the Final Report has been filed by the Sub Inspector of Police, Kudiyanmala Police Station, Kannur, are under Section 500 of the Indian Penal Code , 1860 and Section 120 (o) of the Kerala Police Act , 2011.

2. The prosecution case is that the petitioner made a Facebook post mentioning the son of CW1 as a person having several fathers, and thereby caused denigration.

3. In the present petition, the petitioner would contend that none of the offences alleged in the Final Report filed by the Investigating Agency is attracted in the facts and circumstances of this case. It is pointed out that the offence under Section 500 IPC , cannot be taken cognizance of by a court of law, except upon a complaint filed by the aggrieved person, in view of the mandate contained under Section 199 Cr.P.C. As regards the offence under Section 120 (o) of the Kerala Police Act , it is contended that the aforesaid offence is also not attracted in the absence of material to show that there was repeated or undesirable or