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the Indian Penal Code, 1860 (for short, ‘IPC’) and Sections
199(1) to 199(4) of the Code of Criminal Procedure, 1973 (for
short, “CrPC”). It is necessary to note here that when the Writ
Petition (Crl) No. 184 of 2014 was taken up for consideration,
Dr. Subramanian Swamy, the petitioner appearing in-person,
had drawn our attention to paragraph 28 of the decision in R.
Rajagopal alias R.R. Gopal and another v. State of T.N.
and others1 which reads as follows:“In all this discussion, we may clarify, we have not
gone into the impact of Article 19(1)(a) read with
clause (2) thereof on Sections 499 and 500 of the
Indian Penal Code. That may have to await a
proper case.”
3.
Dr. Swamy had also drawn our attention to the
observations made in N. Ravi and others v. Union of India
and others2, which are to the following effect:“Strictly speaking on withdrawal of the complaints,
the prayer about the validity of Section 499 has
also become academic, but having regard to the
importance of the question, we are of the view, in
1
(1994) 6 SCC 632
2
(2007) 15 SCC 631
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