P.C. JOSHI AND ANOTHER versus THE STATE OF UTTAR PRADESH

P.C. JOSHI AND ANOTHER versus THE STATE OF UTTAR PRADESH

It is not necessary for the Chief Minister (aggrieved person) to sign the complaint filed by the Public Prosecutor under s. 198B; s. 198B provides an additional and alternative procedure for defamation of specified public servants, and excludes the requirement of s. 198. The complaint by the Public Prosecutor,...

Source-derived case information.

Parties
Appellant: P. C. Joshi; Appellant: Another (co-appellant); Respondent: The State of Uttar Pradesh
Jurisdiction
India
Judgment Date
25 October 1960
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Judgment and Order of Allahabad High Court
Outcome
Appeal dismissed.
Legal Topics
Defamation, Procedure Under Code of Criminal Procedure S. 198 and S. 198 B, Jurisdiction of Sessions Court
Criminal Law Defamation Procedure Under Code of Criminal Procedure S. 198 and S. 198 B Jurisdiction of Sessions Court

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Parties

P. C. Joshi

Appellant

Another (co-appellant)

Appellant

The State of Uttar Pradesh

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Judgment and Order of Allahabad High Court

Legal Issues

  1. 1 Whether complaint for defamation under s. 198B, Code of Criminal Procedure must also be signed by the aggrieved public servant.
  2. 2 Whether s. 198B provides an alternative or supplementary remedy to s. 198.
  3. 3 Interpretation of the statutory provisions regarding initiation of defamation proceedings against high dignitaries and public servants.

Ratio Decidendi

It is not necessary for the Chief Minister (aggrieved person) to sign the complaint filed by the Public Prosecutor under s. 198B; s. 198B provides an additional and alternative procedure for defamation of specified public servants, and excludes the requirement of s. 198. The complaint by the Public Prosecutor, properly sanctioned, is sufficient for Sessions Court jurisdiction.

Court Disposition

Appeal dismissed.

Orders

  • Appeal dismissed.