next test will be a question of status; highly placed public
functionaries, or very busy captains of industry and the like
should not, unless ... person.
vi) Factory workers and labourers.
vii) Busy business people or public functionaries.
viii) Corporate employees.
20
MSM,J
Crl.P_3880_2016
prosecution for offence of
defamation committed against the constitutional functionaries and public
servants mentioned therein. However, the offence alleged to have been
committed must ... 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
Lokayukta to investigate into any allegation against any public functionary
"either suo motu or on a complaint made to him". The Advocates ... person/agency suo motu into an allegation made against a public
functionary.
42. It is also relevant to note that in terms of Section
discussing nature of appointment of a Public Prosecutor and the
District Government Counsel, has proceeded to hold as such:
"75. ... ... ... The provision of
Article ... functionaries named in the Code of Criminal
Procedure are public functionaries. They also have a
duty to perform. If the State fails to discharge
prosecution for offence
4
of defamation committed against the constitutional
functionaries and public servants mentioned therein. However,
the offence alleged to have been committed must ... acts/conduct in the discharge of public functions of the
concerned functionary or public servant, as may be. The
prosecution under Section
Court
before finalizing the list of appointments, except in the case of Public
30
Prosecutors appointed under Section 24 of the Code of Criminal
Procedure ... view, too late in the day for any public
functionary or Government to advance such a contention
leave alone expect this Court to accept
Court
before finalizing the list of appointments, except in the case of Public
30
Prosecutors appointed under Section 24 of the Code of Criminal
Procedure ... view, too late in the day for any public
functionary or Government to advance such a contention
leave alone expect this Court to accept
Court
before finalizing the list of appointments, except in the case of Public
30
Prosecutors appointed under Section 24 of the Code of Criminal
Procedure ... view, too late in the day for any public
functionary or Government to advance such a contention
leave alone expect this Court to accept
Court
before finalizing the list of appointments, except in the case of Public
30
Prosecutors appointed under Section 24 of the Code of Criminal
Procedure ... view, too late in the day for any public
functionary or Government to advance such a contention
leave alone expect this Court to accept
Honble Apex Court held that the
document in possession of a public functionary,
who is under a statutory obligation to produce
the same before