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2024 Supreme(Del) 300

RAJIV SHAKDHER, AMIT BANSAL
Pankaj Oswal Through His Constituted Attorney Sanjay Wali – Appellant
Versus
Vikas Pahwa – Respondent


Advocates appeared:
Mr Kamal M. Gupta, Mr Amber Shehbaz Ansari, Mr Aslam Khan and Mr Gorakh Nath Yadav, Advocates., for the Appellant; Mr A.S. Chandhiok, Senior Advocate; Mr Arvind Nigam, Senior Advocate; Mr Sanjiv Kakra, Senior Advocate with Mr Bharat Arora, Mr Himanshu Tanwar, Ms Simran, Ms Vidushi Keshan and Mr Akash Madan, Advocates., for the Respondent

JUDGMENT

Rajiv Shakdher, J. - Prefatory facts:

1. This appeal is directed against the judgment dated 09.02.2023 rendered by the learned Single Judge. Via the impugned judgement, the learned Single Judge has rejected the plaint instituted by the appellant.

2. The appellant instituted a defamation action against the respondent, who is a senior advocate, for the following utterances, allegedly made by him in proceedings held on 14.07.2022 before the Sessions Court, Patiala House Courts:

    "Plaintiff has used unparliamentary language and abused his mother during mediation proceedings."

    3. The statement is claimed to have been made in the proceedings carried on in criminal revision petition no. 554/2018. The appellant instituted the criminal revision proceedings to assail the order dated 13.08.2018 passed by the concerned Magistrate. Via the order dated 13.08.2018, the learned Magistrate had disposed of the appellant's application under Section 156(3) of the Code of Criminal Procedure, 1973 [hereafter referred to as "Cr.P.C."], which propelled the appellant to file the criminal revision proceedings.

    4. In the application under Section 156(3) of the Cr.P.C. preferred before the learned Magistrat

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