Public servants are protected under S.199(2) when allegations relate to their public duties, extending the definition of 'public servant' to include statutory officers.

1. This is an application filed under S.482 Cr. P.C. to quash the proceedings in C.C. No. 3 on the File of the Metropolitan Sessions Judge, Hyderabad.

2. The 1st petitioner is 'Udayam' a Telugu Daily, represented by its Chairman Sri Dasari Narayana Rao. The 2nd petitioner is M/s. Tharakaprabhu Publishers (Pvt) Ltd. Printers and Publishers, represented by its Managing Director Sri K. Ramakrishna Prasad. The 3rd petitioner is Sri Dasari Narayana Rao, Chairman, 'Udayam' and the 5th respondent is Sri Kondapally Ramakrishna Prasad, Managing Director of the 2nd petitioner - concern.

3. The facts that give rise to this petition may be briefly stated. A news item appeared in "Udayam" Telugu daily dt. 24-3-1985 the contents of which refer to an alleged raid of the house of a senior A.P.S.R.T.C. Officer by C.B.I. Officials on 9-3-1985, and seizure of Rupees Two crores of black money, two K.Gs. of gold and a costly diamond necklace and this was revealed by the close associates of the said Officer, who also said that some people having got their work done by the officer must have presented the diamond necklace to the officer's wife. The news item further reads that since the officer was camping at Delhi to hush up the affair one has to believe that there was a raid. These close circles of the officer also revealed that the said officer is a close associate of Telugu Desam Party leaders and he is also playing a prominent role in establishing Bharata Desam Party and therefore the C.B.I. party raided his house and that these close circles believe that there will be further raids on the houses of other officers who are supporting Telugu Desam Party and also on the houses of the officers belonging to the Central cadre. One Sri P.S. Ramamohan Rao, I.P.S. who holds the rank of a Special Inspector General of Police and who is functioning as the Vice Chairman and Managing Director of the Andhra Pradesh State Road Transport Corporation, a Government of Andhra Pradesh undertaking, being convinced that the news item refers to him only, felt that the same was defamatory and also got a legal notice issued. The Government of Andhra Pradesh accorded sanction in G.O. Rt. No. 3644, G.A.D. dt. 30-8-1985 under S.199(2) Cr. P.C. and authorised Sri P. Seethapathi who was appointed as Special Public Prosecutor to file a complaint. Accordingly the complaint was filed against the petitioners herein for offences punishable under S.120B, S.500 and S.501, IPC and the same was taken on file by the Metropolitan Sessions Judge, Hyderabad and numbered as C.C. 3 of 1985 and the same is sought to be quashed in this petition.

4. The main submission of the learned counsel for the petitioners is that the complaint filed by the Special Public Prosecutor under the provisions of S.199(2) Cr. P.C is not maintainable and the Metropolitan Sessions Court ought not to have taken cognizance of the case. According to the learned counsel the officer of the A.P.S.R.T.C. is not a "public servant employed in connection with the affairs" of the State of Andhra Pradesh and therefore the provisions of S.199(2) Cr. P. C. cannot be invoked by the State Government and that the only remedy available to the public servant is to file a private complaint before the Magistrate.

5. Sub-section (2) of S.199 Cr. P.C. is a kind of exception to the general rule that only a person aggrieved by the defamatory statement should be permitted to move the court for redress. The relevant provisions of S.199 read thus :
"199. Prosecution for defamati