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before the Magistrate.

[10.0] Learned Counsel for the petitioners has mainly relied on provision of Section 199(2) Cr.P.C. and argued about non-compliance of it but herein, no any public functionary has launched the prosecution for defamation and not filed in the subject of discharging any public function of any dignitaries, even also said NEUTRAL CITATION R/SCR.A/12429/2023 CAV JUDGMENT DATED: 16/02/2024 undefined provision does not bar a constitutional functionary/public servant from personally launching prosecution for criminal defamation before the Magistrate under Section 199(6) Cr.P.C. even in cases of defamation in respect of his conduct in the discharge of his public functions.

Thus, there is a difference between sub-section (2) and sub-section (6) of section 199. Sub-section (2) is the procedure for launching prosecution in case of defamation against the State and sub-section (6) is for personal defamation even if it is a case of defamation against a public servant or constitutional functionary in the discharge of his public functions which are personal in nature and where state has not been defamed. In case on hand mere reference of Degree of Hon'ble Prime Minister, no any prosecution launched in this regard any imputation here in, imputation is against the University that the educational degree of Hon'ble Prime Minister is fake, forged or duplicate. Thus, no any allegations are against constitutional dignitaries or no one has made such statement in their official capacity or while discharging public duty. Herein, only incidental reference of Hon'ble Prime Minister the statements are made against University, as if University has forged or issued fake degree to Hon'ble Prime Minister and hence, question does not arise to follow procedure under NEUTRAL CITATION R/SCR.A/12429/2023 CAV JUDGMENT DATED: 16/02/2024 undefined section 199(2) of the CrPC.

Therefore, the common ground raised by both the appellants is liable to be rejected. A person falling under the category of persons mentioned in sub-section (2) of Section 199 can either take the route specified in sub-section (4) or take the route specified in sub- Section (6) of Section 199."

Thus, there is a difference between section 199(2) of CrPC and section 199(6) of the Cr.P.C. Only in NEUTRAL CITATION R/SCR.A/12429/2023 CAV JUDGMENT DATED: 16/02/2024 undefined cases where the State has been defamed and a public servant/constitutional functionary has also been defamed while discharging his public functions, section 199(2) gets attracted. In all other cases where the ingredients of defamation has been made out, it will fall only under section 199(6) Cr.P.C. and can be filed only before the Magistrate. In cases where the public servant/Constitutional functionary has been defamed while discharging his public functions but the State has not been defamed, section 199(2) is not attracted. The only recourse available to him is to file a complaint before the Magistrate under section 199(6) Cr.P.C. Here in, as in earlier part discussed, neither public servant nor state / Constitutional functionary is defamed hence bar under sec 199(2) of the CrPC would not get attract and complaint would lie before the Magistrate. Hence, argument canvassed by learned Counsel for the petitioners is not acceptable.