Case Name : Manoj Kumar Tiwari vs Manish Sisodia & Ors Case Reference: (0000) 0 SCC 00 Case Number: Crl A No 1791/2022 Court: Supreme Court Bench: 02 Coram: S Abdul Nazeer, V Ramasubramanian (Author) Date: 17.10.2022
The non-obstante clause in [CrPC, Section 199] is eclipsed by the words nothing in this section in [CrPC, Section 199] include the non-obtante clause in (2) as well. The provisions of [CrPC, Section 199] can be invoked by a public servant even when the State Government does not come to his rescue.
KK Mishra vs State of Madhya Pradesh - The right of an individual is saved under [CrPC, Section 199] even if he falls under category of persons in [CrPC, Section 199]
Defamatory Statement should be specific and not vague or general. The essential ingredient of IPC - Section 499 is that the imputation made by the accused should have the potential to harm the reputation of the person against whom the imputation is made.
When the statements are not by themselves defamatory, the summoning order is liable to be set aside.
Refer also: KK Mishra vs State of Madhya Pradesh, (2018) 6 SCC 676 Prosecution under CrPC, Section 199 will not be maintainable when 1. The alleged defamatory statements cannot be said to have any reasonable connection with the discharge of public duties 2. Public prosecutor has failed to apply his mind to the materials placed before him
See also: IPC - Section 499 IPC, Section 500 CrPC, Section 200 CrPC, Section 199 CrPC, Section 237 CrPC, Section 250
Manoj Kumar Tiwari vs Manish Sisodia, Crl A 1791-2022 (SC).pdf