A K SUBBAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal has been preferred by the appellant who are the accused persons in a complaint filed by the State government before the Principal Sessions court, Bangalore. It is alleged that this complaint is filed by the State government under S. 500 of the Indian Penal Code. This complaint was filed by the State Government on the basis of a sanction granted by the State government under S. 199 (2) of the Code of Criminal Procedure, as one of the persons defamed is the Director General of Police, State of Karnataka.

(3.) The trial court after the filing of the complaint took cognizance of the matter and issued process against the petitioners who were the accused persons before the court below. Against this issue of process, these petitioners filed a criminal revision before the High court of Karnataka seeking the relief of quashing of the order directing issue of process and also the quashing of proceedings pending in the court below. The revision which was filed in the High court was filed under S. 397 and 401. In addition to the State government, the petitioners joined respondent 2, the Director General of Police, State of Karnataka and also respondent 3, the Chief Minister of Karnataka, Shri Ramakrishna Hegde.