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2016 Supreme(SC) 1346

A.K.SIKRI, R.BANUMATHI
Amit Sibal – Appellant
Versus
Arvind Kejriwal – Respondent


Advocate Appeared:
For the Appellants :Dr. A.M. Singhvi, Sidharth Luthra, R.N. Karanjawala, Ms. Ruby Singh Anuja, Ms. Suman Yadav, Karan Dev Chopra, Ms. Manik Karanjawala, (For M/s. Karanjawala & Co.), Advocates.
For the Respondents:Sanjay R. Hegde, Himanshu Shekhar, Rishikesh Kumar, Subodh Kumar, Ms. Archna Kumari, Jamnesh Kumar, Tushar Duneja, Jayant Bhushan, Sr. Adv., Rohit Kumar Singh, Prashant Bhushan, Ms. Kamini Jaiswal, Advocates.

ORDER :

Leave granted.

2. We have heard learned counsel for the parties.

3. The appellant has filed a complaint of defamation against the respondents herein under section 200 of the Code of Criminal Procedure, 1973 (Cr.P.C.) for the offences punishable under Sections 500 and 501 read with Section 34 of the Indian Penal Code, 1860 (IPC). In the said complaint, the learned Metropolitan Magistrate passed summoning order dated 24.07.2013. Challenging that order the respondents herein filed a petition under Section 482 of Cr.P.C. in the High Court of Delhi. After hearing the learned counsel for the parties, the High Court, in the said petition, has passed order dated 16.01.2014. A perusal of the order of the High Court reflects that after noticing the contentions of both the parties, the High Court permitted the respondents to raise the pleas which are raised in the said petition before the Metropolitan Magistrate at the stage of framing of notice under Section 251 of the Cr.P.C. It is also directed that at that stage the Metropolitan Magistrate shall consider them and pass a speaking order. The operative portion of the order giving these directions reads as under:

"21. Applying the aforesa





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