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2018 Supreme(Mad) 3469

N.ANAND VENKATESH
Karur Murali – Appellant
Versus
Public Prosecutor Thoothukudi District – Respondent


Advocates Appeared:
M.A. Palanisamy, Adv., S. Selvakumar, Adv., M. Chandrasekaran, Adv.

JUDGMENT

N. Anand Venkatesh, J.

An interesting question of law has arisen in these petitions, which have been filed to quash the proceedings initiated against the petitioners for the alleged offence under Section 500 of IPC.

2. In both the cases, a criminal complaint has been filed by the Public Prosecutor for the alleged defamatory speech made against the then Hon'ble Chief Minister of Tamil Nadu, in respect of her conduct in discharge of her public function.

3. The issues, which arise for consideration in these petitions are as follows :

(A) Whether a criminal complaint filed by the Public Prosecutor on behalf of the Hon'ble Chief Minister under Section 199(2) of CrPC can be continued even after the person concerned ceases to hold the post at a later point of time?

(B) Whether the Public Prosecutor can continue to prosecute a criminal Complaint even after the death of the erstwhile Hon'ble Chief Minister without any person impleading himself or herself as the legal heir of the deceased Hon'ble Chief Minister, in order to continue the proceedings.?

(C) Whether the allegations made in the complaint against the erstwhile Hon'ble Chief Minister pertains to and is connected with the discharg











































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