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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."