- (1.) THIS petition has been filed by the complainant S. C. C. Anthony Pillai against the order of the VIII Presidency Magistrate in M. P. No. 143 of 1967 in C. C. No. 898 of 1967 dismissing the complaint of defamation filed by him against the respondent on the ground that sanction under Section 196, Criminal P. C. was not obtained as the facts of the complaint disclosed an offence under Section 171-G, I. P. C.
(2.) THE order of the VIII Presidency Magistrate is clearly wrong.
(3.) THE petitioner was former Member of Parliament and an active Trade Union aleader for about 28 years. He contested in the last General Elections from the north Madras Parliamentary Constituency for a seat in Lok Sabha. While the election campaign was going on, in the issue bearing date 17-1-1967. in the Tamil daily "nam Nadu". of which the respondent was the Editor. Printer and Publisher, certain allegations were made affecting the conduct and character of the petitioner, the extracts of which were filed along with the complaint. Before the complaint was filed, the petitioner issued a notice to the respondent through his counsel drawing his attention to the defamatory statements made in the said issue and claiming damages of Rs. 10,000/- for having defamed him and also asking him to withdraw the articles published in the said issue and tender unconditional apology to him, failing which criminal and civil proceedings would be taken against him for vindicating the rights of the petitioner. The respondent sent a reply notice in which he admitted the publication made in his paper, but definitely stated that there was nothing defamatory and that they were made in good faith and in the interests of the public, claiming the benefit of exception to Section 499, I. P. C.;