Girish Chandra and 0.
K. Ramamurthi, S. C. Agarwal, R. K. Garg and D. P. Singh, for the appellant.
Appeal by special leave from the judgment and order, dated January 29, 1963 of the Allahabad High Court in Criminal Appeal No.
P. Rana, for the respondent.
The Judgment of the Court was delivered by Raghubar Dayal, J. Sahib Singh Mehra, appellant in this appeal by special leave, published an article in his paper Kaliyug of Aligarh, dated September 12, 1960, under the heading Ultra Chor Kotwal Ko Dante which means that a thief reprimanded the kotwal, a police officer, though the right thing would be the other way.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
Thereafter, the Public Prosecutor of Aligarh filed the companyplaint in the Court of Session, Aligarh, praying for the summoning of the accused and for his trial according to law for the offence under s. 500 I.P.C. The appellant admitted before the Sessions Judge the publi cation of the impugned article and stated that he never had any evil intention.
The sanction was therefore with respect to defamation of two persons i R. K. Sharma, Assistant Public prosecutor, Aligarh and ii the other police prosecuting staff of Government of Uttar Pradesh, which would be the entire prosecuting staff in the State.
The Public Prosecutor and the eleven Assistant Public Prosecutors at Aligarh requested the Superintendent of Police for obtaining the sanction of the Government for filing a companyplaint by the District Government Counsel in the Court of the Sessions Judge under s. 500 I.P.C. The Government was duly approached through proper channel and, ultimately, the Home Secretary, U.P. Government, wrote to the Inspector General, U.P. on March 1, 1961 I am directed to companyvey the sanction of the State Government under section 198B c of the Code of Criminal Procedure to the filing of a companyplaint under section 500 Indian Penal Code in a Court of Sessions, against the Editor and Publisher of the Newspaper Kaliyug of District Aligarh which published a news item under the caption Ulta Chor Kotwal Ko Dante in its issue, dated September 12, 1960 companytaining defamatory remarks against the Assistant Public Prosecutor Sri R. K. Sharma of District Aligarh and other police prosecuting staff of the Government in respect of their companyduct in the discharge of public functions.
47 of 1963.
998 of 1962.
