defamation is made out against the petitioner and the issues which the
petitioner has raised by way of this petition are all triable in nature.
21.
It is further submitted on behalf of respondent no. 2 that the
earlier complaint filed by respondent no. 2 before the Saket Courts,
Delhi was withdrawn qua the present petitioner only since the said
Court was not competent to try any matter in relation to the petitioner
herein, who is an MLA and Chief Minister of Delhi, and therefore,
the respondent no. 2 had no option but to withdraw the complaint
from the previous Court with liberty to file a fresh complaint against
the petitioner in the court which is competent to try cases pertaining
to MPs/MLAs. In this regard, reliance is also placed on decision of
this Court in case of Satish Dayal Mathur v. Mackinnon Mackenzie
and Company MANU/DE/0240/1986 to argue that Section 257 of
Cr.P.C would not be applicable. On these grounds, learned counsel
for respondent no. 2 prays that the present petition be dismissed.
22.
This Court has heard arguments addressed by learned Senior
Counsel for the petitioner as well as learned counsel for respondent
no. 2, and has gone through the material placed on record and written
submissions filed by both the parties.
THE ORDERS IMPUGNED BEFORE THIS COURT
23.
The learned Trial Court, while summoning the petitioner
herein vide order dated 17.07.2019, had passed the following order:
“11. Defamatory statement is one which tends to injure the
reputation of a person. It is a publication which tends to
lower a person's reputation in the estimation of right
thinking members of the society generally or which make
Signature Not Verified
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:05.02.2024
16:25:50
CRL.M.C. 6347/2019
Page 13 of 50
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents