P. RAMACHANDRA RAJU, J.

( 1 ) THE petitioner is the Publisher and Printer of "the Current times" an English Weekly. The petitioner has published a news item on 23-9-78 making certain allegations against Sri Madan Mohan, Minister for Health. The Government gave sanction for prosecution by G. 0. Ms. No. 390 Medical and Health dated 5-6-1979. The complaint was filed before the Metropolitan Sessions Judge, Hyderabad, on 5-9-79 by the Public prosecutor. The petitioner raised the plea of limitation under section 199 (5) Cr. P. C. That was negatived by the Metropolitan Sessions Judge, he having taken the view that he can exercise the jurisdiction under Section 473 to condone the delay in the interests of justice. The petitioner has questioned in this revision the correctness of the said view.

( 2 ) SECTION 199, Cr. P. C. makes a special provision regarding prosecutions for defamation. Section 199 (1) requires that the complaint should be made by the person aggrieved by the offence. If, however, the person aggrieved happens to be a Minister of a State, the Public prosecutor could file the complaint after obtaining the previous sanction of the State Government. Section 199 (5) however provid

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