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Supreme Court of India 2018-04-13 allowed

K.K. Mishra vs State of Madhya Pradesh & Anr

Bench: 3 — Ranjan Gogoi

In Brief

A former Congress spokesperson was prosecuted for defamation against the Madhya Pradesh Chief Minister under Section 199(2) Cr.P.C. for statements made at a press conference about alleged appointments of relatives and phone calls by family members. The Supreme Court quashed the proceedings and set aside the conviction, holding that such personal statements lack any reasonable nexus with the discharge of public duties and therefore fall outside Section 199(2) Cr.P.C.'s scope. The Court also found the Public Prosecutor had failed to independently scrutinize the materials, filing the complaint merely on government orders, in breach of his statutory obligation to act independently.

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Criminal Law Defamation Code of Criminal Procedure Public Servants Constitutional Law Freedom of Speech

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