Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 – s.199(2) and (4) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Prevention of Corruption Act, 1988 (49 of 1988) Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 – s.199(2) and (4) – Prosecution case that appellant made defamatory statements against the Hon’ble Chief Minister of the State in a press conference – Complaint was filed by the public prosecutor u/s.199(2) after receipt of sanction from the Competent Authority of the State Government on the very same day – Appellant convicted u/s.500 IPC by the Special Judge, trial Court – Appeal against the same pending before the High Court – Appellant also challenged the maintainability of criminal proceeding instituted u/s.199(2), which was dismissed by the High Court – On appeal, held: None of the allegedly defamatory statements, even if admitted to have been made by the appellant, can be said to have any reasonable connection with discharge of public duties by or the office of the Hon’ble Chief Minister – Such statements may be defamatory but then in the absence of a nexus between the same and the discharge of public duties, the remedy u/s.199(2) and (4) Cr.P.C. will not be available – From extract of cross-examination of the public prosecutor, it is clear that the public prosecutor had admitted the absence of any scrutiny by him of the materials on which the prosecution was sought to be launched – Public Prosecutor further, admitted that he had filed complaint against the accused appellant on the orders of the State Government – A Public Prosecutor filing a complaint u/s. 199 (2) Cr.P.C. without due satisfaction that the materials/allegations in complaint discloses an offence against an Authority or against a public functionary which adversely affects the interests of the State would be abhorrent to the principles on the basis of which the special provision u/s.199(2) and (4) Cr.P.C. has been structured – Therefore, complaint not maintainable – Consequently, order of the trial Court set aside and appeal pending in the High Court also closed – Penal Code, 1860 – s.500 – Constitution of India – Art. 142. |
Judge | Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2018 INSC 341 |
Petitioner | K. K. Mishra |
Respondent | The State Of Madhya Pradesh & Anr. |
SCR | [2018] 5 S.C.R. 315 |
Judgement Date | 2018-04-13 |
Case Number | 547 |
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