imputation is made.” (Emphasis supplied) 40. Therefore, the essence of „publication‟ of a content which is defamatory in nature, for the purpose of applicability of Section 499 of IPC, is the „communication‟ of such defamatory content to persons other than the person who is being defamed. 41. To reiterate once again, in today‟s world, when the law with regard to posting of a defamatory content by way of re-tweeting or reposting is still not settled and is evolving, the Court has to adjudicate a case on the basis of test of a reasonable common man and the social background of the parties concerned alongwith the relevant facts and circumstances of the case which will become the edifice of finding for the purpose of evolving jurisprudence in the field of law, not yet effectively treaded or adjudicated upon. Issuance of Process/Summons vis-a-vis Offence of Defamation: Material Considerations 42. The Hon‟ble Apex Court in the case of Iveco Magirus Brandschutztechnik GMBH v. Nirmal Kishore Bhartiya and Ors 2023 SCC OnLine SC 1258, after considering several judicial precedents, had made the following observations on the issue of summoning an accused for an offence of defamation: “44. Thus, when a Magistrate taking cognisance of an offence proceeds Under Section 200 based on a prima facie satisfaction that a criminal offence is made out, he is required to satisfy himself by looking into the allegations levelled in the complaint, the statements Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:05.02.2024 16:25:50 CRL.M.C. 6347/2019 Page 28 of 50