Madras High Court
V.Anbazhagan vs The City Public Prosecutor on 3 March, 2021
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.03.2021
CORAM
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH
CRL.O.P.No.4583 of 2017
and
CRl.MP.Nos.3465 & 3466 of 2017
V.Anbazhagan ..Petitioner
.Vs.
The City Public Prosecutor
O/o. City Public Prosecutor,
City Civil Court Buildings,
Chennai-600 104.
...Respondent
PRAYER: Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, call for the records pertaining to the
private complaint filed by the respondent in C.C.No.55 of 2014,
on the file of the learned Principal Sessions Judge, Chennai and
quash the same.
https://www.mhc.tn.gov.in/judis/
2
For Petitioners : Mr.S.Kumaradevan
For Respondent : Mr.M.Mohamed Riyaz
Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed to quash
the proceedings initiated against the petitioners for an offence
punishable under Section 500, 501 and 501 r/w 109 IPC.
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 petitioner 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
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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 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 Additional Public Prosecutor
appearing on behalf of the respondent submitted that the
petitioner has 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 petitioner 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 his innocence.
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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 proper appreciation, the same is
extracted hereunder: ?
"jkpHf murpd; 20% fkpcod; mikr;rh; ntYkzp. ek;k
lha;yl; (mk;kh lha;yl;) U:/100 nfho CHy; ! . kiHePh; nrfhpg;g[
tpHpg;g[zh;t[ vd;w bgahpy; U:/4 nfho bfhs;is kw;Wk;
v!;/gphpnkl;of;!; epWtdj;Jf;F tpw;fg;gl;lK 528 nghU:uhl;rpfs; !
"
The said Tamil Book Kk;K:h;j;jpfspd; CHy; rhk;uh$;ak;
is circulated at various parts of India, including
Tamil Nadu.
5.It is submitted that the Tamil Book
Kk;K:h;j;jpfspd; CHy; rhk;uh$;ak; December Edition 2014
published by Thiru.V.Anbazhagan. The said
Tamil Book has cover and at page
100,34,41,58,61 and 14 with a picture of the
Hon'ble Minister for Municipal Administration,
Rural Development, Law Courts and Prisons,
Thiru S.P.Velumani and caption "jkpHf murp;d; 20%
fkpcod; mikr;rh; ntYkzp !! and the article contains
the following allegation against the Hon'ble
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Minister for Municipal Administration, Rural
Development, Law Courts and Prisons.
Cuf tsh;r;rpj; Jiwapy; cjtp ,af;Feh;
gjtpapypUe;J ,iz ,af;Feh; gjtp cah;t[ nfhg;g[ ,uz;L
khjk;. mikr;rhpd; nlgpspy; jh';fpaJ/ gjtp cah;t[ bgWk; 22
mjpfhhpfsplKk; jyh U:/2 ,yl;rk;. okhz;l; bra;ag;gl;;lJ.
mth;fs; mGJbfhz;nl jyh U:/1 ,yl;rk; bfhLj;jhh;fs;/ gpwF
gjtp cah;t[ murhiz btspahdJ/
mikr;rh; ntYkzpaplk; muR mDkjpapy;yhky; nghyp
cjtpahsuhf gzpahw;Wk; Xa;t[ bgw;w TLjy; ,af;Feh;
re;jpunrfh;. efuhl;rp eph;thf Mizah; mYtyfj;jpy; TLjy;
,Uf;Feuhf ,Uf;Fk; brg!;jpahd; ,UtUk; mugnd
fk;bgdpa[ld; Tl;lzp mikj;J tpll; hh;fs;/ mikr;Rk; g{k; g{k;
khL khjphp jiyahl;of;bfhz;L ,Uf;fpwhh;/
mikr;rh; ntYkzp mth;fpspd;. rpwg;g[ cjtpahsh;
vd;w bgahpy; bray;gLk; TLjy; ,af;Feh; (Xa;t[) re;jpunrfh;.
nfhit khefuhl;rp cjtpg;bghwpahsh; ghh;j;jPgd; ,e;j Tl;lzp
CHnyhL ifnfhh;j;J tpl;lhh;fs;
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
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nature, this special procedure will not apply and it is only the
concerned person 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.55 of 2014, on the file of the
Principal Sessions Judge, Chennai and accordingly, the same is
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quashed.
10.Accordingly, this criminal original petition is
allowed. Consequently, connected miscellaneous petitions are
closed.
03.03.2021
Index : Yes/No
Internet: Yes
KP
To
1. The Principal Sessions Judge,
Chennai.
2.The City Public Prosecutor
O/o. City Public Prosecutor,
City Civil Court Buildings,
Chennai-600 104.
3.The Public Prosecutor,
High Court, Chennai.
N.ANAND VENKATESH.J.,
https://www.mhc.tn.gov.in/judis/
KP
CRL.O.P.No.4583 of 2017
03.03.2021
https://www.mhc.tn.gov.in/judis/
