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"7. Section 199(2) Code of Criminal Procedure 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) Code of Criminal Procedure 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) Code of Criminal Procedure read with Section 199(4) Code of Criminal Procedure, 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 Code of Criminal Procedure by Sub-section (6) thereof."