to be summoned or not. Thus, the trial in that complaint case had not
yet begun, when the complaint was withdrawn. Having also gone
through the decision of this Court in case of Satish Dayal Mathur
(supra), this Court is of the opinion the learned MM-01, South-East,
Saket Court, Delhi did not have the jurisdiction to adjudicate
complaint case pertaining to the present petitioner, in view of Special
Courts constituted by this Court for the purpose of dealing with cases
pertaining to sitting/former MPs/MLAs. In view thereof, the learned
Magistrate himself did not pass any order of acquittal of the accused
no. 3 i.e. petitioner herein. Thus, this Court is of the opinion that such
a case would not be covered within the provisions of Section 257 of
Cr.P.C., which falls under Chapter XX i.e. „Trial of Summons-Cases
By Magistrates‟. Even otherwise, as observed hereinabove, the case
of the complainant qua the present petitioner, being a sitting MLA,
could not have been dealt with by the Magistrate concerned.
II.
THE OFFENCE OF DEFAMATION
30.
As the present case revolves around the offence of defamation,
it shall be necessary to first examine and analyse the concept of
defamation and defamatory statements, essential ingredients to
constitute this offence under Section 499 of IPC and the judicial
precedents highlighting the role of courts while issuing summons to
an accused in a complaint filed for offence of defamation.
Meaning and Definition
31.
Signature Not Verified
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:05.02.2024
16:25:50
According to Halsbury's Laws of England, Fourth Edition,
CRL.M.C. 6347/2019
Page 21 of 50
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