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This Criminal Original Petition has been filed to quash the proceedings in C.C.No.18 of 2020, on the file of the Principal Sessions Court, Chennai.

2.The gist of the case is that at the time of occurrence, the petitioner was the Leader of the Opposition and President of political party viz., Dravida Munnetra Kazhagam. The petitioner has given defamatory statement against the then Hon'ble Chief Minsiter of Tamil Nadu on 18.12.2019, which was published in the Tamil daily 'Murasoli' under the caption 'vlg;ghoapd; nfLbfl;l. kf;fs; tpnuhj. CHy; Ml;rpia J}f;fp epWj;j Tl;lzp jh;kj;ij epiyehl;l ey;yhl;rp rhak; g{Rtjh kj;jpa gh/$/f. MuRf;F K/f/!;lhypd; fz;ldk;'. The petitioner has made this defamation statement defaming the then Hon'ble Chief Minister which is widely published in the Tamil daily 'Murasoli' on 28.12.2019. This defamatory statement reveals serious imputation against the then Hon'ble Chief Minister and it was published only with an intention to malign his reputation while discharging his public function and duty. Hence, the Government of Tamil Nadu has accorded sanction to the respondent under Section 199(4) Cr.P.C., vide G.O.Ms.No.86, dated 23.01.2020 for filing the above complaint before https://www.mhc.tn.gov.in/judis the concerned Court. As against the complaint in C.C.No.18 of 2020, this petition has been filed.

ma;ag;ghLfisg; nghf;fpl ntz;oa bghWg;gp kj;jpa muRf;F ,Uf;fpwJ/”

4.This above statement cannot termed as defamation. The petitioner as a Leader of Opposition party in democracy, is duty bound to raise objection and criticise the steps taken by the Government which affects general public. It is the democratic duty as enshrined in the Constitution of India. The sanction accorded by the prosecution under Section 199(4) of Cr.P.C., is not proper. The G.O.Ms.No.86, dated 23.01.2020, is passed mechanically, without application of mind and it is bad in law. The text of imputation found in the above said Government Order if read on a whole, will not amount to any https://www.mhc.tn.gov.in/judis defamatory statement.