face of it, without even properly examining the same. It is stated that
summoning is contrary to the settled principles of law since the
Magistrate has to carefully scrutinize the evidence brought on record
and must satisfy itself that the ingredients of the alleged offence are
made out, which was not done in this case. It is argued that a bare
perusal of the retweet in question would show that the same does not
constitute any offence of defamation as the offence of defamation,
besides the requirement of mens rea, should consist of three essential
ingredients i.e. (i) making or publishing any imputation concerning
any person, (ii) such imputations must have been made by words
either spoken or intended to be read or by signs or by visible
representations, and (iii) the said imputation must have been made
with the intention to harm or with knowledge or having reason to
believe that it will harm the reputation of the person concerned. It is
submitted by learned Senior Counsel that the impugned orders failed
to appreciate that the alleged re-tweet was not done with intent to
harm respondent no. 2, nor was it likely to harm him in any manner.
It is further argued that the learned Trial Court has failed to consider
that admittedly, the entire version deposed by PW-2 is hearsay, and
an expression of dismay is not defamation. It is contended that the
best case as alleged by the respondent no. 2 is that the petitioner has
retweeted a link of some video, of which neither the petitioner was
creator/author nor publisher of the same, and thus, essential
ingredients of the defamation are not attracted in the present case as
the same would not amount to publication in terms of ingredients of
Section 499 of IPC. It is also stated that the learned Trial Court, while
Signature Not Verified
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:05.02.2024
16:25:50
CRL.M.C. 6347/2019
Page 10 of 50
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