CH RAMOJI RAO Vs. STATE OF A P

JUDGEMENT

(1.) LEAVE granted.

(2.) THE appellants call in question legality of the judgment rendered by a learned Single Judge of the Andhra Pradesh High Court dismissing the application filed by the appellants in terms of S.482 of the Code of Criminal Procedure, 1973 (in short "CrPC") - The prayer was to quash the proceedings in CC No. 2 of 2006 on the file of the Metropolitan Sessions Judge, City Criminal Courts at Hyderabad. The State of Andhra Pradesh represented by the Special Public Prosecutor filed a complaint under S.200 read with S.199 CrPC stating that with a common intention intending to harm the reputation of the Government, of its administration, of the Chief Minister, several ministers and several public servants, (sic the appellants) made a telecast on E TV-2 channel with commentary, knowing fully well that the same would harm the reputation of public functionaries. The voice over the commentary was that of Appellant 2. Many expressions and words used in the commentary are per se defamatory. The appellants filed a petition in terms of S.482 CrPC. The stand was that the complaint was nothing but gross abuse of the process of court. The respondent opposed the application stating that on the facts alleged, no interference in terms of S.482 CrPC was called for. With reference to S.499 of the Penal Code, 1860 (in short "IPC") the High Court dismissed the application, holding that a prima facie case existed and, therefore, no interference was called for.

(3.) LEARNED counsel for the respondent on the other hand submitted that after showing the Chief Minister, ministers and the public officials in poor light, the appellants cannot take the plea of innocence.