SUSHIL MODI Vs. MOHAN GURUSWAMY

JUDGEMENT

(1.) RESPONDENT herein has filed a complaint against the petitioner herein under Sections 500, 501 and 502 of the indian Penal Code. Apart from the petitioner, four other persons are arraigned as accused persons. The provisions under which the complaint is filed would clearly suggest that the respondent is aggrieved at certain remarks of the petitioner which, according to the respondent, are defamatory in nature and therefore, the respondent wants the accused persons to be tried under the aforesaid provisions of the IPC. The learned MM. after recording the pre-summoning evidence, took cognizance of the complainant and issued notice to the accused persons.

(2.) THE petitioner was the Leader of Opposition in Bihar Assembly when he had made the alleged offending remarks. He feels that this position affords him the requisite protection under the law and no prosecution can be launched against him without obtaining prior sanction of the competent authority under Section 197, Cr. P. C. Therefore, on receipt of the notice the petitioner filed an application under Sections 190/197/199/200 and 203 of the Code of criminal Procedure for dismissal of the complaint primarily on the ground that before proceeding against the petitioner, requisite sanction was required, which was not obtained by the respondent herein. This application was dismissed by the learned Metropolitan magistrate vide order dated 18-9-2006. Feeling aggrieved against that order, the petitioner preferred criminal revision before the Court of Additional Sessions Judge, which met the same fate as the learned ASJ dismissed the said revision petition on 9-10-2006. Still not satisfied present petition under Section 482 of the Cr. P. C. is filed challenging the aforesaid order of the learned MM and ASJ respectively. Therefore, the primary question with which we are concerned in this petition is as to whether prior sanction for instituting proceedings against the petitioner was required or not.

(3.) BEFORE coming to this core issue, it is necessary to know as to under what circumstances such a plea is taken by the petitioner. To ascertain this, relevant and necessary facts need to be traversed. Therefore, these facts are stated hereinbelow in the first instance.