ORDER :

1. This Criminal Original Petition has been filed to quash the proceedings initiated against the petitioners for an offence punishable under Section 500, 501 of IPC.

2. During the last hearing, it was informed before this Court that the 1st petitioner died on 04.03.2021 and therefore, this Court has “dismissed the petition as abated” insofar the 1st petitioner is concerned vide order dated 19.04.2021.

3. The complaint has been filed through the City Public Prosecutor under Section 199 (2) of Cr.P.C. r/w the relevant Government Orders.

4. The learned counsel for the petitioners submitted that even if the allegations made in the complaint are taken as it is, the same does not constitute defamatory allegations with respect to the act or conduct of the then Chief Minister in discharge of her public functions and at the best it can only be treated as a personal defamation. Therefore, the learned counsel submitted that such a complaint cannot be maintained through the City Public Prosecutor and it does not satisfy the requirements under Section 199(2) of Cr.P.C. The learned counsel in order to substantiate his submissions relied upon the judgments of the Hon'ble Supreme Court in K.K.