ORDER : This Criminal Miscellaneous Case is filed under Section 482 of the Code of Criminal Procedure, 1973 (“the Code” for the sake of brevity). 2. The petitioner herein is the accused in Crime No. 263/2017 of Edakkara Police Station now pending before the Judicial Magistrate of First Class Court, Nilambur as S.T. No.677/2017. The above case is charge sheeted against the petitioner alleging offences punishable under Section 120(o) of the Kerala Police Act. The case was registered based on a complaint filed by the 2nd respondent. Annexure-A1 is the complaint. Annexure-A3 is the F.I.R. Annexure-A4 is the First Information Statement. Annexure-A5 is the Facebook post. 3. The 2nd respondent is an Orthodox Christian Priest of the Indian Orthodox Church. The main allegation in the complaint lodged by the 2nd respondent is that on 08.08.2017, about 35 priests from Malankara Orthodox Church conducted a Hunger Strike before the Head of the Orthodox Church in the Main centre, Kottayam holding a Banner. But, it is stated that with an intention to insult, the rival priest replaced the banner and defamed him before the fellow priests and public at large. Based on Annexure-A1 to A5, the Judicial Magistrate of First Class Court, Nilambur, passed Annexure-A6 order granting permission to register the case. Annexure-A7 is the memorandum of evidence produced along with the charge sheet. Annexure-A8 is the final report. According to the petitioner, the offence under Section 120(o) of the Kerala Police Act, is not attracted, even if the entire allegations in the final report are accepted. Hence, this Crl. M.C. is filed. 4. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor. 5. The short point to be decided is whether Section 120(o) of the Kerala Police Act, 2011 is attracted in this case. It will be better to extract Section 120(o) of the Kerala Police Act, 2011. “Section 120: Penalty for causing nuisance and violation of public order If any person,--- (o) causing, through any means of communication, a nuisance of himself to any person by repeated or undesirable or anonymous call, letter, writing, message, email or through a messenger, shall, on conviction, be punishable with imprisonment which may extend to one year or with fine which may extend to five thousand rupees or with both.” 6. The ingredients of an offence under Section 120(o) of the Kerala Police Act, 2011 are: i. A person causing a nuisance of himself to another person; ii. Causing such nuisance shall be through any means of communication; iii. Act causing nuisance may be done by the repeated or undesirable or anonymous call, letter, writing, message, e-mail or through a messenger; 7. In other words, a person causing nuisance of himself to any other person through any means of communication, is the essential ingredient of an offence punishable under Section 120(o) of the Kerala Police Act, 2011. 8. The Annexure-A1 is the complaint filed by the 2nd respondent. The contents of Annexure-A1 complaint is extracted here under; 9. The main allegation in the complaint is that a photo was posted on Facebook with a wrong banner manipulated by the accused. Annexure-A8 is the final report. It will be better to extract the contents of Annexure-A8 also; 10. In Sajidh D. v. State of Kerala [ 2019 (4) KLT 808 ], this Court observed that, the act of the petitioner -sharing the Facebook post -cannot be considered as a responsible act done by him. This Court in Sanjeev S. v. State of Kerala [ 2023 (3) KHC 324 ] considered the scope of Section 120(o) of the Kerala Police Act, 2011 once again. It will be better to extract the relevant portion of the above judgment; “12. The remaining question is whether S.120(o) of the Police Act, is attracted in the present case. The Section reads as ‘if any person, causing, through any means of communication, a nuisance of himself to any person by repeated or undesirable or anonymous call, letter, writing, message, e-mail or through a messenger shall be punished on conviction. The essential ingredients of the offence under Section 120(o) of Police Act is that a person causes nuisance of himself to any other person through a means of communication. The allegations in the FIR do not indicate that petitioner caused a nuisance of himself by posting a modified word in the WhatsApp group. In this context, it is necessary to observe as mentioned earlier that the word “ & “ is not a defamatory word, nor is it a word which has a tendency to cause a nuisance. In the above circumstances, the offence under Section 120(o) of Police Act is also not made out. 13. In this context, it is necessary to observe as mentioned earlier that the word “ & “ is not a defamatory word, nor is it a word which has a tendency to cause a nuisance. In the above circumstances, the offence under Section 120(o) of Police Act is also not made out. 13. In this context, reference to the decisions in Sajidh D. v. State of Kerala, 2019 (4) KLT 808 and in Monish v. Jayaraj P.C. and Another, 2020 SCC Online Ker. 13404 are also relevant. 14. Resultantly, this Court is of the view that even if the allegations in Crime No.942/2022 of Paravoor Police Station, Kollam are admitted, they do not make out an offence either under S.153 IPC or under S.120(o) of the Police Act. Consequently, the registration of the crime is an abuse of the process of the Court. Hence, FIR No. 942/2022 of Paravoor Police Station is quashed. The criminal miscellaneous case is allowed as above.” 11. In the light of the above dictum laid down by this Court, I am of the considered opinion that the offence under Section 120(o) is not attracted in the facts and circumstances of the case. Section 120(o) lays down the penalty for causing nuisance and violation of public order, where any person causing through any means of communication, a nuisance of himself to any person by repeated or undesirable or anonymous call, letter, writing, message, e-mail or through a messenger. If this Court started to hold that all these Facebook posts amount to an offence under Section 120(o) of the Kerala Police Act, 2011, almost all posts made on Facebook is to be declared as an offence under Section 120(o) of the Kerala Police Act. 12. After perusing the Facebook post, the complaint as well as the final report, I am of the considered opinion that this would not come within the purview of Section 120(o) of the Kerala Police Act, 2011. 13. But, the defamatory Facebook posts continue to do the rounds on Facebook and other Social Media platforms. There is no proper punishment for such defamatory statements and posters on Facebook. The legislature must look into this aspect seriously, especially in the backdrop of this new era of technology and Social Media mania in existence in our society. 14. 13. But, the defamatory Facebook posts continue to do the rounds on Facebook and other Social Media platforms. There is no proper punishment for such defamatory statements and posters on Facebook. The legislature must look into this aspect seriously, especially in the backdrop of this new era of technology and Social Media mania in existence in our society. 14. At any rate the offence punishable under Section 120(o) of the Kerala Police Act, 2011 is not attracted, even if, the allegations in Annexure-A8 final report are accepted intoto. Therefore, this Criminal Miscellaneous case is allowed. All further proceedings in S.T No.677/2017 on the files of Judicial Magistrate of First Class Court, Nilambur arising from Crime No. 263/2017 of Edakkara Police Station, are quashed.