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7.The Constitution Bench of the Hon'ble Supreme Court in the decision reported in CDJ 2018 SC 391 (K.K.Mishra vs. the State of Madhya Pradesh) had categorically held that Section 199 (2) Cr.P.C. provides for a special procedure with regard to initiation of a prosecution for offence of defamation committed against the constitutional functionaries and public servants mentioned therein. However, the offence alleged to have been committed must be in respect of the acts/conduct in the discharge of public functions of the concerned functionary or public servant, as the case may be. The learned Additional Public Prosecutor also contended that it would not be open to this Court to see if the defamatory content has nexus with the public function or not. He wanted to this Court to appreciate the limited scope of Section 482 Cr.P.C.

10.The learned counsel appearing for the petitioner pointed out that such an approach was adopted by the Hon'ble Supreme Court in the decision reported in CDJ 2018 SC 391 (K.K.Mishra vs. the State of Madhya Pradesh) referred to earlier. Paragraph Nos.7, 10 and 11 of the aforesaid decision are particularly relevant and they read as under :

?7.Section 199(2) Cr.P.C provides for a special procedure with regard to initiation of a prosecution for offence of defamation committed against the constitutional functionaries and public servants mentioned therein. However, the offence alleged to have been committed must be in respect of acts/conduct in the discharge of public functions of the concerned functionary or public servant, as may be. The prosecution under Section 199(2) Cr.P.C is required to be initiated by the Public Prosecutor on receipt of a previous sanction of the Competent authority in the State/Central Government under Section 199(4) of the Code. Such a complaint is required to be filed in a Court of Sessions that is alone vested with the jurisdiction to hear and try the alleged offence and even without the case being committed to the said Court by a Subordinate Court. Section 199(2) Cr.P.C read with Section 199(4) Cr.P.C, therefore, envisages a departure from the normal rule of initiation of a complaint before a Magistrate by the affected persons alleging the offence of defamation. The said right, however, is saved even in cases of the category of persons mentioned in sub-section (2) of Section 199 Cr.P.C by sub-section(6) thereof.