Case Note & Summary
The petitioner, Sayeedull Hassan Quadri, the editor of Adabi Akkas Urdu Daily Newspaper, filed a petition under Section 482 Cr.P.C. seeking quashing of proceedings in PCR No.1/2014 (now C.C.No.113/2015) for offences under Sections 500 and 501 IPC. The complaint was filed by respondent No.1 alleging that an article published in the petitioner's newspaper defamed him. The trial court referred the matter to police under Section 156(3) Cr.P.C., resulting in an FIR, investigation, and charge sheet. The petitioner's application under Section 203 Cr.P.C. was dismissed. The key legal issue was whether the prosecution could proceed without the previous sanction of the Public Prosecutor as required under Section 199(2) Cr.P.C. for offences against the editor of a newspaper. The court noted that the complaint was filed under Section 200 Cr.P.C. and the trial court had taken cognizance without the requisite sanction. The court held that Section 199(2) Cr.P.C. mandates that no court shall take cognizance of an offence under Section 500 IPC alleged to have been committed by the editor of a newspaper unless the complaint is made by the person aggrieved and with the previous sanction of the Public Prosecutor. Since no such sanction was obtained, the proceedings were quashed. The court allowed the petition and set aside the proceedings.
Headnote
A) Criminal Procedure - Defamation - Sanction for Prosecution - Section 199(2) Cr.P.C., Sections 500, 501 IPC - The court considered whether proceedings for defamation against the editor of a newspaper could proceed without the previous sanction of the Public Prosecutor. The court held that under Section 199(2) Cr.P.C., when the offence is alleged to have been committed by a person who is the editor of a newspaper, the complaint must be accompanied by the previous sanction of the Public Prosecutor. Since no such sanction was obtained, the proceedings were quashed. (Paras 4-6)
B) Criminal Procedure - Quashing of Proceedings - Inherent Powers - Section 482 Cr.P.C. - The court exercised its inherent powers under Section 482 Cr.P.C. to quash the proceedings in PCR No.1/2014 (now C.C.No.113/2015) as the mandatory requirement of Section 199(2) Cr.P.C. was not complied with, rendering the prosecution invalid. (Para 6)
Issue of Consideration
Whether the criminal proceedings for defamation under Sections 500 and 501 IPC against the petitioner, who is the editor of a newspaper, can be sustained without the previous sanction of the Public Prosecutor as required under Section 199(2) of Cr.P.C.
Final Decision
The petition is allowed. The entire proceedings in PCR No.1/2014 (now C.C.No.113/2015) pending on the file of II Addl. Senior Civil Judge and JMFC, Bidar, for offences under Sections 500 and 501 IPC are quashed.
Law Points
- Defamation
- Criminal Procedure
- Sanction for Prosecution
- Section 199 Cr.P.C.
- Section 500 IPC
- Section 501 IPC
- Quashing of Proceedings
- Section 482 Cr.P.C.
Case Details
2021 LawText (KAR) (10) 2
Criminal Petition No.201359/2019
Mohd.Vikharuddin (for petitioner), Gururaj V. Hasilkar (HCGP for R2)
Shri. Bashiruddin, The State of Karnataka
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Nature of Litigation
Criminal petition under Section 482 Cr.P.C. seeking quashing of defamation proceedings.
Remedy Sought
Petitioner (editor of newspaper) sought quashing of entire proceedings in PCR No.1/2014 (now C.C.No.113/2015) for offences under Sections 500 and 501 IPC.
Filing Reason
The petitioner was accused of publishing a defamatory article in his newspaper against respondent No.1.
Previous Decisions
The trial court had dismissed the petitioner's application under Section 203 Cr.P.C. and had taken cognizance after police investigation.
Issues
Whether the proceedings for defamation under Sections 500 and 501 IPC against the editor of a newspaper can be sustained without the previous sanction of the Public Prosecutor as required under Section 199(2) Cr.P.C.
Submissions/Arguments
The petitioner argued that the complaint was not accompanied by the previous sanction of the Public Prosecutor as mandated by Section 199(2) Cr.P.C., and therefore the proceedings were invalid.
The respondent/State argued in support of the proceedings, but the court found merit in the petitioner's contention.
Ratio Decidendi
Under Section 199(2) Cr.P.C., no court shall take cognizance of an offence under Section 500 IPC alleged to have been committed by the editor of a newspaper unless the complaint is made by the person aggrieved and with the previous sanction of the Public Prosecutor. Since no such sanction was obtained, the proceedings are invalid and liable to be quashed.
Judgment Excerpts
The main ground urged in the petition is that the complaint is not accompanied by the previous sanction of the Public Prosecutor as required under Section 199(2) of Cr.P.C.
In the case on hand, the complaint is filed under Section 200 of Cr.P.C. and the trial Court proceeded to pass an order referring the matter under Section 156(3) of Cr.P.C. and the police after receiving the order registered an FIR, investigated the matter and filed the charge sheet and thereafter the trial Court took the cognizance.
When such being the case, the complaint ought to have been accompanied by the previous sanction of the Public Prosecutor. Hence, the proceedings cannot be sustained.
Procedural History
Respondent No.1 filed PCR No.1/2014 under Section 200 Cr.P.C. for offences under Sections 500 and 501 IPC. The trial court referred the matter to police under Section 156(3) Cr.P.C. Police registered FIR, investigated, and filed charge sheet. Trial court took cognizance. Petitioner filed application under Section 203 Cr.P.C., which was dismissed. Petitioner then filed this petition under Section 482 Cr.P.C. before the High Court.
Acts & Sections
- Code of Criminal Procedure, 1973 (Cr.P.C.): Section 199, Section 200, Section 203, Section 156(3), Section 482
- Indian Penal Code, 1860 (IPC): Section 500, Section 501
