earlier complaint case whereas in the statement dated 01.05.2019
recorded in the present case, the respondent no. 2 because of his
mala-fide intention, has deposed an entirely different version and
named the petitioner. Thus, it is argued that respondent no. 2 has
deposed two entirely different versions and purposely named the
petitioner, which on the face of it, shows mala-fide intentions and
oblique motives. Therefore, in view of these submissions, learned
Senior Counsel prays that the present petition be allowed and the
impugned order be set aside or the case be remanded back to the
learned Trial Court for deciding afresh as per law.
ARGUMENTS ON BEHALF OF RESPONDENT NO. 2
20.
Sh. Raghav Awasthi, learned counsel for respondent no. 2,
who seeks to sustain the impugned orders, argues that the allegations
made against the respondent no. 2 are false, malicious and
defamatory and the same have lowered his reputation in the eyes of
right thinking members of the society. It is contended that without
there being any proof in support of allegations levelled against the
respondent no. 2, the petitioner herein, who is the Chief Minister of
Delhi, has retweeted the video, shared by Sh. Dhruv Rathee on his
YouTube channel, without verifying its authenticity and due to the
large following of the petitioner herein, the video had reached a large
number of people not only in India, but internationally also. On these
grounds, it is argued that the impugned orders suffer from no
infirmity and the learned Trial Court has rightly summoned the
petitioner herein in the present case since a prima facie case of
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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