CHELLAKUMAR M L A Vs. PUBLIC PROSECUTOR SALEM

JUDGEMENT

(1.) THE instant criminal original petition is to call for the records and quash the proceedings in C.C.No.1 of 1997 on the file of the Assistant Sessions Judge, Salem.

(2.) THE facts relevant for the purpose of this case briefly stated are as under: THE petitioner Dr.Chella Kumar is a Member of Tamil Nadu Legislative Assembly, who has been chosen by the citizens of the Constituency. He also happens to be the President of the Tamil Manila Congress (Youth Wing). Mr.Veerapandi Arumugham is a Cabinet Minister in the Government of Tamil Nadu, who is assigned with the portfolio of Agriculture. On 15.3.1997, the Minister announced on the Floor of the Assembly about implementation of Tree Planting Scheme. Later, regarding this scheme, the petitioner made certain comments outside the Floor of the Assembly which were reported in the Vernacular Dailies, regarding which, the Government felt that the petitioner has made defamatory statement and therefore, they sanctioned prosecution of the petitioner under Sec.500, I.P.C. Accordingly, the Public Prosecutor, Salem filed a private complaint before the learned Assistant Sessions Judge, Salem, who took cognizance of the matter and issued summons. Now, questioning the competency of issuance of summons, the petitioner has come forward with the instant criminal original petition.

(3.) NOW, that sanction has been accorded by the Government to the Public Prosecutor to prosecute the petitioner. In discharge of his duty, the Public Prosecutor, Salem has preferred the complaint. When such a complaint is made to the Magistrate before the Magistrate takes cognizance of the offence on the complaint, so as to take the other steps, the complaint shall contain all the necessary facts constituting an offence for which the complaint was laid, so that the Magistrate can proceed with further steps after cognizance of the offence is taken by issuing process, etc. The averments in the instant complaint that the petitioner herein had stated, In the complaint, it is stated that such statement had caused harm to the reputation of the Minister and lower his esteem in the eyes of the general public. The learned Sessions Judge has rightly held that the averment in the complaint constitute an offence as required under Sec.499, I.P.C.