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2021 Supreme(Mad) 2012

M.NIRMAL KUMAR
E. V. K. S. Elangovan, Former President of Tamil Nadu Congress – Appellant
Versus
City Public Prosecutor, Chennai – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: B. Balaji, R. Chellamuthu.
For the Respondents: Hasan Mohamed Jinnah, A. Damodaran.

JUDGMENT :

M. NIRMAL KUMAR, J.

Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records in C.C. No. 3 of 2013 pending on the file of the II Special Court for trial of Criminal Cases related to Elected MPs and MLAs at Chennai and quash the same.

1. This Criminal Original Petition is filed to call for the records in C.C. No. 3 of 2013 pending on the file of the II Special Court for trial of Criminal Cases related to Elected MPs and MLAs at Chennai and quash the same.

2. The petitioner is an accused in C.C. No. 3 of 2013, facing trial for the offence under Section 499 and punishable under Section 500 IPC has filed this quash petition.

3. The contention of the petitioner is that the ingredients to attract prosecution under Section 499 IPC is not present if the complaint taken as a whole. The sanction accorded under Section 199(4) of Cr.P.C. In G.O.Ms. No. 988, Public (L&O-H) Department, dated 26.11.2012, passed mechanically, without application of mind and it is bad in law. The text of imputation found in the above said G.O. if read as a whole, does not amount to any defamatory statement.

4. The respondent i.e. The City Public P

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