Case Note & Summary
The petitioners, C.M. Aleemullakhan (printer and publisher) and K. Iftekhar Ahmed Shariff (editor) of the Urdu daily 'Salar', filed a criminal petition under Section 482 Cr.P.C. seeking quashing of the order dated 28.04.2016 passed in P.C.No.109/2014 by the Prl. Civil Judge and JMFC-II, Bidar, and the consequent proceedings in C.C.No.736/2016 for the offence punishable under Section 500 IPC. The second respondent, Basheerueddin, who claimed to be the Vice President of the District Congress Committee, Bidar, had filed a private complaint alleging that the petitioners published a defamatory article in their newspaper, thereby harming his reputation. The petitioners contended that the complainant was a public servant and the alleged defamation pertained to his official acts, and therefore, under Section 199(2) Cr.P.C., the court could not take cognizance without the previous sanction of the competent authority. The High Court examined the complaint and found that the complainant had described himself as the Vice President of the District Congress Committee, which is a public servant within the meaning of Section 21 IPC. The alleged defamatory article was about his political activities, which are part of his official duties. Consequently, the court held that the mandatory requirement of sanction under Section 199(2) Cr.P.C. was not complied with, rendering the cognizance order illegal. The petition was allowed, and the proceedings were quashed.
Headnote
A) Criminal Procedure Code - Defamation - Sanction under Section 199(2) Cr.P.C. - Private complaint for defamation against a public servant in respect of his official conduct requires previous sanction of the competent authority - The court held that the trial court's order taking cognizance without such sanction was illegal and liable to be quashed (Paras 4-6).
B) Indian Penal Code - Defamation - Section 500 IPC - Quashing of proceedings - Where the complainant is a public servant and the alleged defamatory article relates to his official acts, the mandatory requirement of sanction under Section 199(2) Cr.P.C. cannot be dispensed with - The court allowed the petition and quashed the proceedings in C.C.No.736/2016 (Paras 5-6).
Issue of Consideration
Whether the trial court could take cognizance of a private complaint for defamation under Section 500 IPC against the petitioners, who are the printer, publisher, and editor of a newspaper, without the previous sanction of the competent authority as required under Section 199(2) Cr.P.C., given that the complainant is a public servant and the alleged defamation pertains to his official acts.
Final Decision
The petition is allowed. The order dated 28.04.2016 passed in P.C.No.109/2014 by the Prl. Civil Judge and JMFC-II, Bidar, and the proceedings in C.C.No.736/2016 are quashed.
Law Points
- Defamation against public servant
- sanction under Section 199 Cr.P.C.
- quashing of criminal proceedings
- inherent powers under Section 482 Cr.P.C.
Case Details
2020 LawText (KAR) (02) 59
Criminal Petition No.201319/2019
Dr. H.B. Prabhakara Sastry
Sri Ameet Kumar Deshpande for petitioners; Sri Mallikarjun Sahukar, HCGP for R1; R2 served
C.M. Aleemullakhan and K. Iftekhar Ahmed Shariff
The State of Karnataka and Basheerueddin
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Nature of Litigation
Criminal petition under Section 482 Cr.P.C. seeking quashing of cognizance order and proceedings in a private complaint for defamation.
Remedy Sought
Quashing of the order dated 28.04.2016 in P.C.No.109/2014 and proceedings in C.C.No.736/2016 for offence under Section 500 IPC.
Filing Reason
The petitioners alleged that the trial court took cognizance without the mandatory sanction under Section 199(2) Cr.P.C. as the complainant was a public servant and the alleged defamation related to his official acts.
Previous Decisions
The trial court (Prl. Civil Judge and JMFC-II, Bidar) had taken cognizance on 28.04.2016 and issued process in C.C.No.736/2016.
Issues
Whether the trial court could take cognizance of a private complaint for defamation under Section 500 IPC against the petitioners without the previous sanction of the competent authority as required under Section 199(2) Cr.P.C., given that the complainant is a public servant and the alleged defamation pertains to his official acts.
Submissions/Arguments
The petitioners argued that the complainant, being a public servant (Vice President of District Congress Committee), and the alleged defamatory article relating to his official acts, the court could not take cognizance without sanction under Section 199(2) Cr.P.C.
The respondent/State did not oppose the petition; the second respondent was served but remained absent.
Ratio Decidendi
Under Section 199(2) Cr.P.C., no court can take cognizance of an offence of defamation against a public servant in respect of his official conduct except upon a complaint made by the public prosecutor or with the previous sanction of the competent authority. Since the complainant was a public servant and the alleged defamation related to his official acts, the lack of such sanction rendered the cognizance illegal, warranting quashing under Section 482 Cr.P.C.
Judgment Excerpts
The complainant in his complaint has stated that he is the Vice President of District Congress Committee, Bidar. Thus, he is a public servant.
The alleged defamatory article is about the political activities of the complainant, which are his official acts.
Therefore, the trial court could not have taken cognizance of the complaint without the previous sanction of the competent authority as required under Section 199(2) Cr.P.C.
Procedural History
The second respondent filed a private complaint under Section 200 Cr.P.C. in P.C.No.109/2014 before the Prl. Civil Judge and JMFC-II, Bidar, alleging defamation under Section 500 IPC. The trial court took cognizance on 28.04.2016 and registered C.C.No.736/2016. The petitioners then filed the present petition under Section 482 Cr.P.C. before the High Court of Karnataka, Kalaburagi Bench, seeking quashing of the cognizance order and proceedings.
Acts & Sections
- Code of Criminal Procedure, 1973: Section 199, Section 200, Section 482
- Indian Penal Code, 1860: Section 500, Section 21
