petitioner herein will have opportunity to raise contentions before the
learned Trial Court during the course of trial which will be decided as
per law, including the issue as to whether for the purpose of trial case
under Section 499 of IPC is made out or not. At this stage, there was
sufficient material before the Court concerned to summon the
petitioner under Section 499 of IPC.
91.
It is for the Trial Court Judge to determine at a pre-summoning
stage what is capable of being defamatory for the purpose of
summoning. Whether the content has been proved to be defamatory
or not is a matter of trial.
CONCLUSION
92.
At times, it is difficult to erase the reputational injury from
public memory, as the tweets may be deleted but perceptions are
difficult to be deleted from the minds of the community.
93.
This Court, thus, for the purpose of adjudicating the present
case, holds that retweeting a content, which is allegedly defamatory,
on the Twitter account and projecting it to be as if his own views,
will prima facie attract the liability under Section 499 of IPC, for the
purpose of issuance of summons.
94.
Therefore, this Court finds no infirmity with the impugned
orders passed by the learned Trial Court as well as learned Sessions
Court.
95.
Accordingly, the present petition stands dismissed.
96.
It is, however, clarified that the observations made hereinabove
qua the present complaint case are solely for the purpose of deciding
Signature Not Verified
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:05.02.2024
16:25:50
CRL.M.C. 6347/2019
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