Madras High Court
P. Thirumavelan vs City Public Prosecutor on 29 January, 2021
Crl. OP No.1276 of 2021
and Crl. MP Nos.768 & 769 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.01.2021
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Crl. OP No.1276 of 2021
and Crl. MP Nos.768 & 769 of 2021
1. P. Thirumavelan
Editor and Publisher,
Junior-Vikatan.
2. S.Madhavan
Printer,
Junior Vikatan Bi-weekly ... Petitioner/Accused 1 & 2
vs.
City Public Prosecutor,
High Court Campus,
Chennai . ... Respondent/Complainant
PRAYER: Criminal Original Petition filed under Section 482 of the Code of
Criminal Procedure, to call for the records in respect of C.C.No.6 of 2014
on the file of Principal Sessions Judge, Chennai and quash the same.
For Petitioner : Mr. N.Ramesh
For Respondents : Mr.C.Raghavan,
Government Advocate, for R1
1/8
https://www.mhc.tn.gov.in/judis/
Crl. OP No.1276 of 2021
and Crl. MP Nos.768 & 769 of 2021
ORDER
This Criminal Original Petition has been filed to quash the
proceedings initiated against the petitioners for an offence punishable under
Section 500 and 501 of the Indian Penal Code.
2.The complaint has been filed through the City Public Prosecutor
under Section 199 (2) of Cr.P.C., r/w the relevant Government Orders.
3.The learned counsel for the petitioners submitted that even if the
allegations made in the complaint are taken as it is, the same does not
constitute defamatory allegations with respect to the act or conduct of the
then Chief Minister in discharge of her public functions and at the best it
can only be treated as a personal defamation. Therefore, the learned counsel
submitted that such a complaint cannot be maintained through the City
Public Prosecutor and it does not satisfy the requirements under Section
199(2) of Cr.P.C. The learned counsel in order to substantiate his
submissions relied upon the judgments of the Hon'ble Supreme Court in
K.K.Mishra v. The State of Madhya Pradesh & Anr. reported in (2018) 2
https://www.mhc.tn.gov.in/judis/
Crl. OP No.1276 of 2021
and Crl. MP Nos.768 & 769 of 2021
LW Crl.17 and R.Avudayappan v. Muthukaruppan Public Prosecutor
District and Sessions Court, Tirunelveli District reported in (2018) 2 LW
Crl 24.
4.Per contra, the learned Government Advocate appearing on behalf
of the respondent submitted that the petitioners have indulged in making
wild allegations against the then Hon'ble Chief Minister and thereby have
defamed her name in the eyes of the general public. The learned counsel
submitted that the petitioners in the name of freedom of press cannot make
such defamatory and derogatory allegations against the former Chief
Minister and the petitioners will have to necessarily face the trial before the
Court below and prove their innocence.
5.This Court has carefully considered the submissions made on either
side and the materials available on record.
6.The defamatory statements that were relied upon from the news
item published by the magazine has been extracted in the complaint and for
https://www.mhc.tn.gov.in/judis/
Crl. OP No.1276 of 2021
and Crl. MP Nos.768 & 769 of 2021
proper appreciation, the same is extracted hereunder:
“kPz;Lk; 'gtu; fhl;Lk; lhf;lu; bt';fnlc&;!”
myWk; mikr;ru;fs;!
'm/jp/K/f tl;lhuj;jpy; kPz;Lk; mjpfhu
ika';fs; cUthfp tUfpd;wd vd;W mikr;ru;fs;
mury;g[uryhfg; ngrpf; bfhs;fpwhu;fs;/ ,jpy;
Kf;fpakhdtuhf brhy;yg;gLfpwhu; lhf;lu; bt';fnlc&;/
rrpfyhtpd; mz;zd; Re;jutjdj;jpd; kfd; ,tu;/
o//o/tp// jpdfud; kidtp mDuhjhtpd; rnfhjuu;/ ,tu;
bjhl';fpa !;nfd; brd;liu Kd;g[ b$ayypjhnt te;J
jpwe;J itj;jhu;/ fl;rpapd; ,is"u;fs;. ,sk; bgz;fs;
ghriw bghWg;ghsuhft[k; ,tu; Mf;fg;gl;lhu;/ rrpfyh
Flk;gj;jpdu; fisbaLg;g[f;Fg; gpwF fl;rpia tpl;L
ePf;fg;gl;ltu;fspy; ,tUk; xUtu;/ rrpfyh ngha!;
fhu;lDf;Fs; nru;f;fg;gl;lhYk;. kw;wtu;fs; fhu;lDf;Fs;
EiHatplhky; ,Uf;fpwhu;fs;/ ,e;j epiyapy; lhf;lu;
bt';fnlc&;. jdJ nfhjhit bjhl';fptpl;ljhf
fl;rpf;fhuu;fs; g[yk;g[fpd;wdu;/ 'mikr;ru;fs; rpyUf;F
jpObud nghd; tUfpwJ/ lhf;lUf;Fg; ngR';f vd;W
brhy;fpwJ me;j Fuy;/ ngryhkh ntz;lhkh vd;W
FHk;gpg;nghfpwhu;fs; mikr;ru;fs;/ ngrpdhYk; Fw;wk;.
https://www.mhc.tn.gov.in/judis/
Crl. OP No.1276 of 2021
and Crl. MP Nos.768 & 769 of 2021
ngrhtpl;lhYk; Fw;wk; vd;W jtpf;fpd;wdu;/ lhf;lUf;F
cz;ikapy; fhh;lDf;Fs; bry;thf;F ,Uf;fpwjh.
,y;iyah vd;gnj gy mikr;ru;fSf;Fj; bjupatpy;iy/
,Jgw;wp kw;wtu;fsplk; nfl;ft[k; gag;gLfpwhu;fs;. vd;W
brhy;fpwhu;fs;/
'rpy mikr;ru;fs; lhf;lUf;nf nghd; bra;J
ngrpapUf;fpwhu;fs;/ rpyu; mtiu neuoahft[k;
re;jpf;fpwhu;fs;/ gjtpia ,He;jtu;fs; ,tiur; brd;W
re;jpj;jjd; K:ykhfg; gjtpia kPz;Lk; mile;Js;sdu;/
,jid itj;Jg; ghu;f;Fk;nghJ. lhf;lu; bry;thf;if
mile;J tpl;lhu; vd;nw ek;g ntz;o ,Uf;fpwJ.
vd;fpwhu;fs;/ ,g;gona xt;bthUtuhf cs;ns EiHa
tha;g;g[ ,Uf;fpwJ' vd;W brhy;yptpl;Lg; gwe;jhu;
fGfhu;!
7.Section 199(2) of Cr.P.C., provides a special procedure with regard
to the initiation of proceedings for prosecution for defamation of a public
servant. However, to maintain such a prosecution, the allegations must
directly touch upon acts or conduct of the concerned servant in discharge of
his or her public function. If the defamatory statement is personal in nature,
this special procedure will not apply and it is only the concerned person
https://www.mhc.tn.gov.in/judis/
Crl. OP No.1276 of 2021
and Crl. MP Nos.768 & 769 of 2021
who has to file the complaint in his or her individual capacity. The law on
this issue is well settled and the learned counsel for the petitioners has
rightly relied upon the judgments mentioned supra.
8.The allegations based on which the criminal complaint was filed
and which has been extracted supra, does not in any way touch upon the
conduct of the aggrieved person in discharge of her public function. The
allegation even if taken as it is, only can be construed as a personal
defamation. Therefore, the complaint that was filed by the City Public
Prosecutor cannot be maintained since it does not satisfy the requirements
of Section 199(2) of Cr.P.C. It is seen that this complaint is pending from
the year 2014 onwards without any progress. No useful purpose will be
served by keeping this complaint pending.
9.In the result, this Court has absolutely no hesitation to quash the
proceedings in C.C.No.6 of 2014, on the file of the Principal Sessions
Judge, Chennai and accordingly, the same is quashed.
https://www.mhc.tn.gov.in/judis/
Crl. OP No.1276 of 2021
and Crl. MP Nos.768 & 769 of 2021
10. Accordingly, this criminal original petition is allowed.
Consequently, the connected miscellaneous petitions are closed.
29.01.2021
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
jv
To
1. The City Public Prosecutor,
High Court Campus,
Chennai.
2. The Public Prosecutor,
High Court of Madras,
Chennai 600 104.
https://www.mhc.tn.gov.in/judis/
Crl. OP No.1276 of 2021
and Crl. MP Nos.768 & 769 of 2021
N. ANAND VENKATESH, J.
jv
Crl. OP No.1276 of 2021
and Crl. MP Nos.768 & 769 of 2021
29.01.2021
https://www.mhc.tn.gov.in/judis/
