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2018 Supreme(Mad) 2892

P.N.PRAKASH
R. Mani Senior Correspondent India Today Tamil Weekly – Appellant
Versus
State of Tamil Nadu – Respondent


Advocates Appeared:
For the Petitioner:Sundar Narayan, Advocate.
For the Respondents:A. Natarajan, Public Prosecutor assisted by P. Kritika Kamal, Govt. Advocate (Crl. Side).

ORDER :

1. Since both writ petitions have been filed challenging one and the same proceedings, viz., C.C. No.11 of 2012, they are considered and decided by this common order.

2. The petitioners in these writ petitions, who are with India Today Tamil Weekly, are facing prosecution in C.C. No.11 of 2012 before the Principal Sessions Court, Chennai, for the offences under Sections 499(2) read with 500 and 501 IPC, for quashing which, they have preferred these writ petitions.

3. Heard Mr. Sundar Narayan, learned counsel for the petitioners and Mr. A. Natarajan, learned Public Prosecutor appearing for the State, assisted by Mrs. Kritika Kamal, P., learned Government Advocate.

4. The prosecution in C.C. No.11 of 2012 was initiated on a complaint in writing made by the City Public Prosecutor, Chennai, alleging that the petitioners herein have defamed late J. Jayalalitha, the then Hon'ble Chief Minister of Tamil Nadu in the article “TAMIL” (time for retaliation) in the Tamil weekly edition of India Today dated 08.08.2012. After obtaining the requisite sanction under Section 199 (4)(b) Cr.P.C. from the State Government, the City Public Prosecutor, has filed the impugned complaint, as stated abo













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