ORDER : N.K. Balakrishnan, J. The accused in ST No. 1144/2005 of JFCM, Changanacherry are the petitioners. The offence alleged against them is u/s 499 of IPC. It is alleged that the accused who made defamatory statement against three persons, who are shown as the complainants, were not following Islamic faith. It was also alleged that in a speech, one of the accused had made such defamatory statement. There was also a decision to ex-communicate them. (The precise Malayalam word used is 'Ooruvilakku'). It cannot be said that those statements, if proved, are not defamatory. But, the accused may be able to put forward any of the exceptions contained in Section 499 of IPC to contend that they have not committed any offence. But that is a matter to be decided in the trial. 2. The main ground urged by the learned counsel for the petitioners is that cognizance was taken by the learned Magistrate on a complaint jointly filed by three persons. That is not maintainable. The learned counsel for the petitioners has relied upon the decision of the Madras High Court in Thethavusamy Vs. Radhakrishnan and the decision of this Court in Desai Vs. Paul Abrao, in support of his submission that the joint complaint of two or more persons is not maintainable. Learned counsel for the respondent/complainant has relied upon the decision of the Karnataka High Court in Sri Haridas Naik and Others Vs. Hanchinamane Gadriyappa, Devendrappa and State. There also, it was held that a complaint filed by two or more persons jointly is not maintainable. But, in such a case, it was held that the proper course is to give an opportunity to the complainants to choose as to who among them would continue to prosecute the complaint as the complainant. True that, a petition could have been filed before the learned Magistrate to cause amendment to the cause title to choose who among the three can be the complainant. The other two persons could have been cited as witnesses. That was not done. Hence, the proceedings initiated against the petitioners herein in ST No. 1144/2005 on the file of JFCM, Changanacherry is quashed. But, it is made clear that a fresh complaint can be filed by any of the persons in respect of the same cause of action provided there is no other legal impediment.