passing the impugned summoning order, has failed to consider the
exceptions provided under Section 499 of IPC, including the
exception of public good, and has recorded an erroneous finding that
at this stage, the consideration is whether there exists sufficient
grounds to summon or not.
18.
Further, it is also argued by learned Senior Counsel for the
petitioner, that the respondent no. 2 had initially filed a complaint i.e.
Ct. Cases 5786/2018 in Saket Courts, South East District, Delhi and
on 18.10.2018, he had got his statement recorded before the
concerned Magistrate and had withdrawn the complaint qua the
petitioner, and accordingly the proceedings qua the petitioner herein
were dropped. It is submitted that withdrawal/dropping of
proceedings qua an accused in complaint case amounts to acquittal of
the accused as per Section 257 of Cr.P.C, therefore, no cause of
action whatsoever survives against the petitioner herein and the
respondent no. 2 cannot be allowed to bypass the mandate of law by
filing a fresh complaint case. It is therefore argued that respondent
no. 2 had withdrawn his earlier complaint qua the petitioner and had
instituted a subsequent complaint against the petitioner alleging that
the petitioner through his retweet had defamed the respondent no. 2,
without arraying the other accused persons in the present complaint.
It is submitted that only recourse available to the respondent no. 2
was to approach this Court under Section 407 of Cr.P.C. seeking
transfer of the case to the Court of competent jurisdiction.
19.
It is also contended that the petitioner was not named by the
respondent no. 2 in his statement dated 18.10.2018 recorded in the
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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