The Madras High Court on Thursday
There is no reference to any defamation of the State which is the essence of any defamation complaint filed under Section 199(2) of Cr.P.C."
Noting that the criminal defamation law under section 499 and 500 IPC should be sparingly used by the government, the judge said, "An individual or a public servant/constitutional functionary can be impulsive but not the State, which will have to show utmost restraint and maturity in filing criminal defamation cases."
Passing orders on the validity of G.Os sanctioning prosecution and the consequent complaints pending before the sessions court, Justice Quddhose said, "In the cases on hand when there is no allegation that the State has been defamed, there is no question of prosecution under section 199(2) Cr.P.C.."
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