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PETITIONER: P.C. JOSHI AND ANOTHER
Vs.
RESPONDENT: THE STATE OF UTTAR PRADESH
DATE OF JUDGMENT: 25/10/1960
BENCH: SHAH, J.C. BENCH: SHAH, J.C. DAS, S.K.
CITATION: 1961 AIR 387 1961 SCR (2) 63
ACT: Criminal Trial--Defamation of Public servant in respect of public function--Complaint before Sessions Judge by Public Prosecutor--If required to be signed by the Public servant also--Code of Criminal Procedure, 1898 (V of 1898), ss.198 and 198-B.
HEADNOTE: The Public Prosecutor, Kanpur, filed a complaint in the Court of Session, Kanpur, charging the appellants with having published a news item which was false and defamatory of the Chief Minister of Uttar Pradesh. The complaint complied with the requirements of s. 198-B, Code of Criminal Procedure. The appellants contended that the complaint should have complied with the requirements of s. 198 of the Code also and, as it was 64 not signed by the Chief Minister, the Sessions judge had no jurisdiction to entertain it. Held, that it was not necessary for the Chief Minister also to sign the complaint filed by the Public Prosecutor. The nonobstante clause " notwithstanding anything contained in this Code " in sub-s. (1) of s. 198-B excludes the operation of the other provisions of the Code relating to initiation and trial of the offence of defamation, including s. 198. Sub-section (13) of s. 198-B which...