Case Note & Summary
The petitioner, Yogesh Balkrishna Kakade, a press reporter by occupation, was the accused in a defamation case (STC No.643 of 2008) pending before the Judicial Magistrate First Class, Sakri, District Dhule, filed by the respondent No.2, Nimbajirao Zipru Deore. The petitioner filed a Criminal Writ Petition before the Bombay High Court seeking quashing of the order issuing process and the entire criminal proceedings on the ground that the prosecution was barred for want of sanction under Section 197 of the Code of Criminal Procedure, 1973 (CrPC). The petitioner contended that he was a public servant as a press reporter and the alleged defamatory article was published in discharge of his official duty. The respondent No.2 opposed the petition, arguing that the petitioner was not a public servant and that the publication was not in official duty. The court, after hearing the parties, held that the petitioner, being a press reporter, was a public servant and the act of publishing the news report was in discharge of his official duty. Consequently, the court quashed the order issuing process and the entire criminal proceedings for lack of sanction under Section 197 CrPC.
Headnote
A) Criminal Procedure Code - Sanction for Prosecution - Section 197 CrPC - Public Servant - The court considered whether a press reporter acting as a public servant requires sanction under Section 197 CrPC before prosecution for defamation. Held that the petitioner, being a press reporter and public servant, was entitled to protection under Section 197 CrPC as the alleged defamatory article was published in discharge of his official duty. The proceedings were quashed for lack of sanction. (Paras 1-10) B) Defamation - Criminal Defamation - Sections 499/500 IPC - Journalist - The court examined whether a journalist can be prosecuted for defamation without prior sanction when the publication is in official capacity. Held that the complaint under Sections 499/500 IPC was not maintainable without sanction under Section 197 CrPC, as the act of publishing news report was part of the petitioner's official duty. (Paras 2-8)
Issue of Consideration
Whether the criminal defamation proceedings against the petitioner, a press reporter, could be quashed for want of sanction under Section 197 of the Code of Criminal Procedure, 1973, as the alleged defamatory publication was in discharge of his official duty.
Final Decision
The court allowed the petition, quashing the order issuing process and the entire criminal proceedings in STC No.643 of 2008 pending before J.M.F.C., Sakri, District Dhule, for want of sanction under Section 197 CrPC.
Law Points
- Sanction under Section 197 CrPC is mandatory for prosecution of a public servant for acts done in discharge of official duty
- Defamation under Sections 499/500 IPC requires prior sanction if the accused is a public servant and the alleged act is in official capacity
- Journalist acting as press reporter can be considered public servant under certain circumstances
