Will Publication Harming Governor's Reputation By Itself Amount To Offence U/s 124 IPC? Madras HC Stays Criminal Proceedings Against 'Nakeeran' Gopal [Read Order]

The Madras High Court has stayed criminal proceedings against 'Nakeeran' Gopal accused under Section 124 of the Indian Penal Code. The court said that another issue is that, even if assuming the publication made is construed as malicious and it harms the reputation of the Governor of Tamil Nadu, can that by itself satisfy the requirement of the term "Overawe" under Section 124 of IPC? The Judgment of the Hon'ble Supreme Court in Manik Taneja and another Vs. State of Karnataka and another reported in 2015 7 SCC 423 dealt with the case under Section 353 of IPC and it was held that a criminal force or an assault could not be said to have occurred by publishing a post in Facebook, however malicious it may be." The High Court will also deal with the contention raised that the Court below ought not to have taken cognizance of the final report filed by the police since Section 196 of the Code of Criminal Procedure makes it mandatory to the effect that no Court shall take cognizance of any offence punishable under Chapter VI or under Section 505 of IPC except with the previous sanction of the Central Government or the State Government.