SHRI PRAHALLAD MALLICK Vs. SHRI ASOK DAS

JUDGEMENT

(1.) THIS revision is against the order of the Sessions Judge, Puri summarily rejecting the revision petition filed by the Petitioner against the order of the S.D.M. Bhubaneswar dismissing the Petitioner 's complaint petition on the findings that the statement allegedly made by the opposite party, which formed the subject matter of the complainant against him, is not defamatory in nature; and that the opposite party, the Advocate Genera of the State, is a public servant, and he made the alleged statement while acting in due discharge of his official duty, and so no cognizance can be taken of the offence alleged against the opposite party as the required sanction of the State Government to prosecute him has not been taken.

(2.) IT is conceded by Mr. Sahu, the learned Counsel for the Petitioner, that the opposite party, the Advocate General of be State, is a public servant of the particular category coming within the provisions of Section 197, Code of Criminal Procedure.

(3.) NOW I have to advert to the question as to whether the alleged statement made by the opposite party was made by him while acting or purporting to act in due discharge of his official duty. The Supreme Court in Amrik Singh 's Case, held