P.C. JOSHI AND ANOTHER vs THE STATE OF UTTAR PRADESH

The Supreme Court held that under Section 198-B of the Code of Criminal Procedure, 1898, it is not necessary for a public servant, such as the Chief Minister, to sign a complaint filed by the Public Prosecutor for defamation. The Court clarified that the nonobstante clause in Section 198-B excludes the operation of Section 198, thereby allowing the Public Prosecutor to initiate proceedings independently. The judgment disapproved of previous rulings that required the public servant's signature, affirming the validity of the complaint filed by the Public Prosecutor.