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2014 Supreme(Del) 154

J.R.MIDHA
Arvind Kejriwal – Appellant
Versus
Amit Sibal – Respondent


Advocate Appeared:
For the Petitioners:Shanti Bhushan, Sr. Adv. with Rahul Mehra, Rohit Singh, Kartik Seth, Rishikesh Verma, Ms. Neha Rastogi, Advocates.
For the Respondents:R1, N.K. Kaul, Sr. Adv. Madhav Tripathi, Ajiteshwar Singh, Advocates.

Judgment (Oral)

1. Respondent no.1 instituted a complaint of defamation against the petitioners under Sections 500 and 501 read with Sections 34 and 120B of IPC in which, vide summoning order dated 24th July, 2013, the learned Metropolitan Magistrate issued summons to the petitioners.

2. The petitioners have challenged the summoning order dated 24th July, 2013 on the ground that respondent no.1 is not the aggrieved person within the meaning of Section 199(1) Cr.P.C. The petitioners are also seeking the quashing of criminal complaint filed by respondent no.1.

3. The notice under Section 251 Cr.P.C. has not yet been framed and the case is listed before the learned Trial Court on 24th January, 2014.

4. This Court is of the view that the petitioners should urge the pleas raised in this petition before the learned Trial Court at the stage of framing of notice under Section 251 Cr.P.C. in terms of the law laid down in the following judgments:

(i) In Krishna Kumar Variar v. Share Shoppe, (2010) 12 SCC 485, the accused challenged the summoning order before this Court under Section 482 Cr.P.C. on the ground that the learned Metropolitan Magistrate lacked the territorial jurisdiction. The petitio






























































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