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KRISHNA S DIXIT
Bharatiya Janata Party, Karnataka State Unit No. 48 – Appellant
Versus
Rizwan Arshad, S/O R Q Arshad – Respondent
ORDER :
Petitioner is a registered & recognized national political party. It is invoking the inherent jurisdiction of this court u/s.482 of the Code of Criminal Procedure, 1973 seeking quashment of Criminal Proceedings in C.C.No.28124/2022 for the offence of defamation punishable u/s.500 of Indian Penal Code, 1860. The said proceedings are pending on the file of learned 42nd ACMM Court, Bangalore (ie., Special Court for the trial of cases of MPs/MLAs). The petitioner along with another happen to be accused therein.
II. FOUNDATIONAL FACTS OF THE CASE:
(1) The respondent herein had filed a private complaint in PCR No.41/2019 dated 22.05.2019 alleging that the accused had tweeted certain matter that are grossly defamatory of him. The said tweets are as under:
b) “Youth Congress National Secretary Ibrahim Khaleelulla was operating from prabhat complex, 3rd floor room no.507. They were caught red handed by BJP corporate and karyakarthas. It’s speculated @INC India is printing fake voter c
The main legal point established in the judgment is that the word 'person' as employed in defamation laws includes entities such as registered political parties, and the reputation of political parti....
(1) Defamation – ”BJP” is a determinate and identifiable body and complaint for defamation under Section 500 IPC is maintainable.(2) Defamation – Right of a person against whom offence of defamation ....
Legal requirement for 'some person aggrieved' is essential in defamation cases; failure to meet this requirement renders proceedings invalid.
Only an aggrieved party or an authorized representative can file a defamation complaint under Section 200 Cr.P.C., and lack of authorization invalidates the complaint.
The twits made by the petitioner did not constitute the offence of defamation under Sections 499 & 500 of IPC.
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