the person charged with defamation. At the initial stage,
the Court has to look into the complaint and the
statement/evidence of the complainant and has to believe
him. The Court has to see whether if the impugned material
is prima facie defamatory or not and whether the Court has
sufficient grounds to proceed with the case. The video
referred above are if seen in the entire context of the things
and evidence of the complainant seems to be defamatory if
they do not fall within any of the statutory defences
prescribed by law itself as well as the other legal
requirements. The entire burden will be on respondent to
plead and prove the defence on which he may rely upon.
16. In defamation cases, one of the test is whether under
the circumstances in which the writing was published
reasonable men to whom the publication was made would'
be likely to understand it in a defamatory sense. Much also
depends on the intention of the maker of the statement
which is a subject of trial.
17. Therefore, the aforesaid discussions shows that
allegations in the video are prima facie defamatory and
refers to complainant Mr. Vikas Sankrityayan @ Vikas
Pandey making him an aggrieved person within the
meaning of section 199 Cr.P.C. The inquiry as
contemplated under section 202 of the Code of Criminal
Procedure has been duly conducted by examining the
complainant and his witnesses to arrive at the conclusion
for this stage of the case. Therefore, in view of the
aforesaid discussion there exists sufficient grounds to
proceed against the respondent Arvind Kejriwal under
section 500 IPC. Accordingly, Sh. Arvind Kejriwal is
summoned for commission of offence of defamation under
section 500 of the Indian Penal Code.”
8.
Learned Sessions Court, while dismissing the revision petition
filed by the petitioner where the order of summoning was challenged,
had passed the following order dated 30.10.2019:
“21. It is not in dispute that republication of libel is a new
libel which was so held in the case of Harbhajan Singh vs
State of Punjab, 1961 Cri. Law Journal 710. It was further
observed therein that the publisher of the libel is strictly
responsible, irrespective of the fact whether he is the
Signature Not Verified
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:05.02.2024
16:25:50
CRL.M.C. 6347/2019
Page 15 of 50
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