Case BriefsHigh Courts

Patna High Court: A Single Judge Bench comprising of Ashwini Kumar Singh, J. dismissed an application filed under Section 482 CrPC against the order of Additional Sessions Judge whereby prosecution’s application under Section 311 CrPC was dismissed.

The applicant was the informant in a case registered under Section 302 IPC. During the trial, the Public Prosecutor filed an application under Section 311 submitting that the Investigating Officer and the doctor concerned were not examined, and their non-examination would cause prejudice to the prosecution’s case. However, such application was dismissed by the trial court. The present petition was filed against the said order.

The High Court perused all the material available on record and found that the trial court kept open the prosecution case for about three years, but the said witnesses did not turn up. The prosecution was not diligent in pursuing the trial. Therefore, the order challenged in the petition did not suffer any fault. Right to speedy trial is enshrined in Article 21 of the Constitution. This apart, the Court categorically observed that the petitioner had no locus in the matter. A private person may instruct the Public Prosecutor and may submit written arguments with the permission of the court after the evidence is closed. However, a private person, even if the informant, had no locus to pursue an application under Section 311 in the court below, or to challenge the order which may have been passed on an application filed by the prosecution under Section 311 CrPC. Accordingly, the petition was dismissed. [Sriram Singh v. State of Bihar, 2018 SCC OnLine Pat 1163, dated 06-07-2018]

Case BriefsSupreme Court

Supreme Court: In the matter where apart from the constitutional validity of the law on criminal defamation under Section 500 IPC and Section 199 CrPC, but also the concept of fair criticism, discernment and dissection of activities of the State Government and disapproval of views taken in the matters of administration and policy decisions, it was vehemently argued by the petitioner that the office of the Public Prosecutor has its own independence; and the Public Prosecutor has been conferred an independent role under the provisions of the CrPC and he cannot become a post office in the hands of the authorities to file prosecutions for criminal defamation without scrutinizing whether a case is made out or not.

Mr. G.S. Mani, appearing for the petitioner, argued that the citizenry right to criticize cannot be atrophied by constant launching of criminal prosecution for defamation on each and every issue to silence the critics because when criticism in a vibrant democracy in this manner is crippled, the democracy which is best defined as the “Government of the People, by the People, for the People” would lose its cherished values.

Mr. Ranjit Kumar, Solicitor General submitted that apart from the Public Prosecutor who has a definitive role under Section 199(2) of the CrPC, the sanctioning authority also has a significant and sacred role under sub-section (4) of the said provision and, therefore, a complaint cannot be filed in a routine manner to harass a citizen.

The bench of Dipak Misra and C.Nagappan, JJ, after hearing the arguments from both sides,  issued notice to the respondents i.e. the Public prosecutor and Chief Minister of Tamil Nadu among others and listed the matter on 24.08.2016. [A. VIJAYAKANTH v. PUBLIC PROSECUTOR, DHARMAPURI DISTRICT, 2016 SCC OnLine SC 708, Order Dt. 15.07.2016]