Decided on November 09,1982

B.S.SAMBHU Appellant


Varadarajan, J. - (1.) The question raised in this appeal is whether sanction under Section 197, Cr. P. C. is required for prosecuting the appellant who at the material time was working as Additional Munsiff and Judicial Magistrate, First Class, Madhugiri
(2.) It appears that the respondent, an Advocate, was representing a party (defendant) in Suit No. 522 of 1973 which was being heard by the appellant. An application for transfer of the suit from his Court to some other Court was moved by the defendant before the District Court being Misc. Case No. 30 of 1975. The District Judge alled for remarks from the appellant rearding certain allegations that were made the transfer application. The appellant submitted his remarks in the form of D. O. letter No. 16/75 dated 5th Dec., 1975 wherein he made the following statement: "In this connection I may also bring to your Honour's kind notice that the conduct and character of Sri T. S. Krishnaswamy are not good and that he misbehaves in the open Court making all nonsense allegations. Furher, it is brought to my notice that Shri T. S. Krishnaswamy is a big gambler in this town and is a rowdy also and on account of that he exhibits all sorts of rowdyism in the open Court. The District Judge is requested to safeguard him from the hands of such mischievous elements."
(3.) It appears that this letter was read out by the learned District Judge in open Court. The respondent filed a criminal complaint against the appellant alleging that the aforesaid contents of the D. O. letter amounted to his defamation under S. 499 I. P. C. A. question was raised whether the Court could -take cognizance of the offence without the sanction contemplated in S. 197 Cr. P. C. The learned Magistrate negatived the contention of the appellant that the sanction was necessary. In an application under Section. 482 the High Court upheld the Magistrate's view.;

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