P.K. Goswami JUDGMENT
N.L. Untwalia, J.
1. This is an appeal by special leave from the order of the Bombay High Court rejecting the application in revision filed by the appellant under Section 397(1) of the CrPC, 1973 hereinafter to be referred to as the 1973 Code or the new Code, on the ground that it was not maintainable in view of the provision contained in Sub-section (2) of Section 397. The High Court has not gene into its merits.
2. It is not necessary to state the facts of the case in any detail for the disposal of this appeal. A bare skeleton of them will suffice. In a press conference held at New Delhi on the 27th September, 1974 the appellant is said to have made certain statements and handed over a "press hand-out" containing allegedly some defamatory statements concerning Shri A. R. Antulay, the then Law Minister of the Government of Maharashtra. The said statements were published in various newspapers . The State Government decided to prosecute the appellant for an offence under Section 500 of the Indian Penal Code as it was of the view that the Law Minister was defamed in respect of his conduct in the discharge of his public functions. Sanction in accordance with Section 199(4)(a) of the 1973 Code was purported to have been accorded by the State Government. Thereupon the Public Prosecutor filed a complaint in the Court of the Sessions Judge, Greater Bombay. Cognizance of the offence alleged to have been committed by the appellant was taken by the Court of Sessions without the case being committed to it as permissible under Sub-section (2) of Section 199. Process was issued against the appellant upon the said complaint.
3. The Chief Secretary to the Government of Maharashtra was examined on the 17th February, 1975 as a witness in the Sessions Court to prove the sanction order of the State Government. Thereafter on the 24th February, 1975 Shri Madhu Limaye, the appellant, filed an application to dismiss the complaint on the ground that the Court had no jurisdiction to entertain the complaint. The stand taken on behalf of the appellant was that allegations were made against Shri Antulay in relation to what he had done in his personal capacity and not in his capacity of discharging his functions as a Minister. Chiefly on that ground and on some others, the jurisdiction of the Court to proceed with the trial was challenged by the appellant.
4. The appellant raised three contentions in the Sessions Court and later in the High Court assailing the validity and the legality of the trial in question. They are:
(1) That even assuming the allegations made against Shri Antulay were defamatory, they were not in respect of his conduct in the discharge of his public functions and hence the aggrieved person could file a complaint in the Court of a competent Magistrate who after taking cognizance........