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2021 Supreme(Mad) 2519

M.NIRMAL KUMAR
Amirthan, Managing Director and News Editor, Kalaignar T. V, Chennai – Appellant
Versus
City Public Prosecutor, High Court Campus, Chennai – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:S. Manuraj, Advocate.
For the Respondent: Hasan Mohamed Jinnah, State Public Prosecutor assisted by A. Damodaran, Additional Public Prosecutor.

JUDGMENT :

(Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records in connection with C.C.No.22 of 2015 on the file of the learned Principal Sessions Judge, Chennai and quash the same.)

1. This Criminal Original Petition has been filed to quash the proceedings in C.C.No.22 of 2015, pending on the file of the Principal Sessions Court, Chennai/trial Court.

2. The petitioners/A2 to A4, who are facing trial in C.C.No.22 of 2015, for offence under Sections 499 and 500 IPC, have filed this quash petition.

3. The contention of the petitioners is that the ingredients to attract prosecution under Section 499 IPC is not present if taken the complaint as a whole. The sanction accorded by the prosecution under Section 199(4) of Cr.P.C., is not proper. The G.O.Ms.No.835, Public (Law and Order-H) Department, dated 03.07.2015, is passed mechanically, without application of mind and it is bad in law. The text of imputation found in the above said Government Order if read on a whole, will not amount to any defamatory statement.

4. Further contention is that the respondent/the City Public Prosecutor has not satisfied as to how sanction fo

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