S. R. PARTHIBAN Vs. DISTRICT PUBLIC PROSECUTOR, SALEM

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the proceedings in C.C.No.8 of 2019, pending on the file of the Principal District and Sessions Court, Salem.

(2.) The gist of the case is that at the time of occurrence, the petitioner was the Member of Parliament belongs to Dravida Munnetra Kazhagam party. The petitioner made defamatory public speech on 7/6/2019 at Five Road, Salem against the then Hon'ble Chief Minsiter of Tamil Nadu that <IMG>JUDGEMENT_298_LAWS(MAD)2_2022_1.jpg</IMG> The petitioner has made this defamatory statement defaming the then Hon'ble Chief Minister of Tamil Nadu. This defamatory statement reveals serious imputation against the then Hon'ble Chief Minister of Tamil Nadu and it was made only with intention to malign his reputation while discharging his public function and duty. Hence, the Government of Tamil Nadu has accorded sanction to the respondent under Sec. 199(4) Cr.P.C., vide G.O.Ms.No.374, dtd. 17/6/2019 for filing the above complaint before the concerned Court. As against the complaint in C.C.No.8 of 2019, this petition has been filed.

(3.) The learned counsel for the petitioner submitted that the petitioner was the Member of Parliament of DMK political party. Since defamatory statement made against the then Chief Minister of the Tamil Nadu, a complaint has been lodged by the respondent before the trial Court on the strength of the Government Order in G.O.Ms.No.374, dtd. 17/6/2019. The learned counsel further submitted that the trial Court before taking the complaint on file, failed to take note that the complaint itself is a political motivated one to wreak vengeance against the DMK political party. The petitioner has spoken only the view of the general public and it was not his personal view.