COMMON ORDER

These batch of writ petitions raises the following questions for consideration:

a) What is meant by Criminal defamation against the State ? What is the statutory criteria required for launching prosecution for criminal defamation under Section 199(2) Cr.P.C through a Public Prosecutor? Whether the same have been satisfied in the cases that have come up for consideration before this court?

b) Under what circumstances, a Public Prosecutor can launch prosecution for defaming a public servant/constitutional functionary in respect of his conduct in the discharge of his/her public functions under Section 199(2) Cr.P.C.?

c) What are the mandatory pre-requisites to be satisfied by the State before sanctioning prosecution for Criminal defamation through a Public Prosecutor under Section 199(4) Cr.P.C.?

d) What is the Role played by a Public Prosecutor and his duties in a prosecution launched by him under Section 199(2) Cr.P.C.?

e) When can a Sessions Judge take cognizance of a complaint filed by a Public Prosecutor under Section 499 IPC read with Section 199(2)

Cr.P.C.?

f) What are the essential facts that are required to be pleaded in a complaint filed by the Public Prosecutor under S