Code of Criminal Procedure, 1973 (‘Cr.P.C.’) at the pre-summoning
stage, as he had filed the complaint under Section 499/500 of IPC on
the allegations mentioned above. The petitioner was summoned as an
accused by the learned Additional Chief Metropolitan Magistrate-I,
Rouse Avenue Courts, New Delhi (‘Trial Court’) vide order of
summoning dated 17.07.2019.
15.
Being aggrieved by the issuance of summons and the
complaint filed by the respondent no. 2, the petitioner had preferred a
revision petition before the Sessions Court which was dismissed vide
order dated 30.10.2019 by learned Additional Sessions Judge/Special
Judge (PC Act) CBI-09, Rouse Avenue Courts, New Delhi (‘Sessions
Court’).
16.
Aggrieved by the aforesaid orders passed by the learned Trial
Court and Sessions Court, the petitioner Sh. Arvind Kejriwal has
approached this Court by way of present petition under Section 482
of Cr.P.C. seeking setting aside of the order dated 17.07.2019 passed
by the learned Trial Court in in Ct.Case No.15/2019, and order dated
30.10.2019 passed in Criminal Revision No. 28/2019 by the learned
Sessions Court.
ARGUMENTS ON BEHALF OF PETITIONER
17.
Sh. Manish Vashishth, learned Senior Counsel appearing on
behalf of the petitioner, while assailing the orders passed by both the
learned Trial Court and Sessions Court, argues that the learned Trial
Court has summoned the petitioner in a mechanical manner and has
presumed the alleged statements/re-tweet to be defamatory on 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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