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2018 (4) TMI 1801 - SC - Indian LawsMaintainability of complaint - commission of offences Under Sections 499 and 500 of the Indian Penal Code, 1860 - offence of defamation - HELD THAT:- The problem of identification and correlation of the acts referred to in an allegedly defamatory statement and those connected with the discharge of public functions/official duties by the holder of the public office is, by no means, an easy task. The sanction contemplated Under Section 199(4) Code of Criminal Procedure though in the opposite context i.e. to prosecute an offender for offences committed against a public servant may have to be understood by reference to the sanction contemplated by Section 197 Code of Criminal Procedure which deals with sanction for prosecution of a public servant. There is a fair amount of similarity between the conditions precedent necessary for accord of sanction in both cases though the context may be different, indeed, the opposite. The conviction of the Accused Appellant and the sentence imposed would not have any legs to stand. The very initiation of the prosecution has been found by us to be untenable in law. Merely because the trial is over and has ended in the conviction of the Appellant and the matter is presently pending before the High Court in appeal should not come in the way of our interdicting the same. The requirements of justice would demand that we carry our conclusions to its logical end by invoking our special and extraordinary jurisdiction Under Article 142 of the Constitution of India. Appeal allowed.
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