PUBLIC PROSECUTOR Vs. KHUNDAMARI

JUDGEMENT

(1.) The facts giving rise to this case are that the Public Prosecutor filed a complaint against one Anwar Kamal Khundemirian Editor 'and Publisher of a paper - on the ground that the Collector and District Panchayat Officer have been defamed, under Section 500 of the Indian Penal Code. Since the District Collector is involved in this case, having regard to the provisions of Section 199 (2) of the Code of Criminal Procedure, the Public Prosecutor had to file this complaint. The Sessions Judge took cognizance of the complaint but by his order dated 15-6-1978 transferred the case over to the Judicial First Class Magistrate, Adilabad, for disposal according to law since he was of the opinion that as per the provisions of ScheduleI of 'he Criminal Procedure Code the offence of defarmation is triable by the First Class Magistrate. In is this order which is being challenged in this revision.

(2.) A reading of Section 199 (2) and Column 2 of Schedule-I dealing with Section 500 might give an impression that the Schedule does not mention about any other public servant employed in connection with the affairs of a State and, therefore, the learned Sessions Judge was of the opinion that since the District Collector and the District Panchayat Officer were involved they would be dealt with by the Judicial First Class Magistrate. To my mind, this order is contrary to the provisions of Section 199 (2) read with Section 237 of the Code of Criminal Procedure, Section 199 (2) read as follows:

(3.) A perusal of Column 2 of Schedule I to the Code of Criminal Procedure would show that the words "any other public servant employed in connection with the affairs of the Union or of a State" are missing Thereafter the Column contains the words ''defamation in any other case" is to be tried by Magistrate of the first class. It looks to me that the learned Sessions Judge was of the opinion that since column 2 of schedule I dealing with section 500 IPC , does not contain the words "any other public servant" the case comes within the meaning of an offence viz., defamation in any other case" contained in the same column, to be tried by a Magistrate of the First Class. The learned Sessions Judge should have noted the Explanatory Note (1) to the First Schedule which provides as follows :