STATE Vs. SHRIMATI KARTAR DEVI AND ANOTHER

JUDGEMENT

(1.) The Public Prosecutor instituted a complaint in the Court of the Sessions Judge, Hissar under sections 500 and 501 of the Indian Penal Code against the respondents Shrimati Kartar Devi and Chatar Singh for the publication of a news-item in the issue of Hindi monthly "Harijan Pukar", dated Ist November, 1964, which was alleged to be defamatory of Shri G.L. Nagpal, Sub Divisional Magistrate, Sirsa. On an objection being taken by the accused that the sanction accorded for their prosecution was not valid, the learned Sessions Judge has refused to proceed with the trial and quashed the proceedings against the respondents by his order, dated 31st July, 1965.

(2.) The Code of Criminal Procedure, 1893, as amended in the year 1955, makes a special provision for the trial of offences of defamation of public servants in respect of their conduct in discharge of public functions by the Court of Session in accordance with the procedure laid down in section 198B of the Code. Sub-section (3) thereof lays down :

(3.) It is not disputed that before the complaint against the respondents could be lodged, sanction for their prosecution had to be obtained from the Government of the State of Punjab as it existed prior to its recent Reorganization on 1st November, 1966. The Public Prosecutor placed two orders of sanction on record, Exhibits P.B. and P.C. for the prosecution of the respondents, which are in identical terms. To appreciate the point in controversy, one of them Exhibit P.B. may be reproduced here :