JUDGMENT :

1. The petitioner herein has filed the present criminal revision application under Section 397 read with Section 401 of the CRIMINAL PROCEDURE CODE , 1973 (hereinafter be referred to as ‘the Code’) for quashing and setting aside the impugned order dated 20.04.2023 passed below application at Exhibit 5 by the learned 8th Additional Sessions Judge, Surat in Criminal Appeal No.254 of 2023 and to stay the order of conviction against the appellant dated 23.03.2023 passed by the learned Chief Judicial Magistrate, Surat in Criminal Case 18712/2019.

2. Brief facts of the present case are in nutshell as under:-

2.1 It is alleged that the petitioner gave a speech at Kolar Near Bengaluru, for which respondent No.1 – complainant registered a private criminal complaint before the learned Chief Judicial Magistrate, Surat inter alia contending that the speech is punishable as defamation under Section 500 r/w. Section 499 of the INDIAN PENAL CODE (hereinafter be referred to as “the IPC”). That such comment made by the applicant was published in the newspapers of the news agency IANS Karnataka State of Kolar on 14.04.2019. It is also alleged that the complainant had filed a private criminal complaint before the learned Chief Judicial Magistrate, Surat and on the basis of the complaint, learned Chief Judicial Magistrate has taken cognizance under Section 190(A) of the Code and recorded the statement of the complainant. It is further alleged that in such speech, the petitioner addressed the Hon’ble Prime Minister as a thief and compared him with economic offenders of India like Nirav Modi, Mehul Choksi, Lalit Modi and Vijay Malya. It is also alleged that the complainant asked the people gathered in the meeting as to why all thieves have the surname Modi and the petitioner defamed Hon’ble Prime Minister by saying that in Rafale dealing Hon’ble Prime Minister is 100% thief and not chowkidar. It is alleged that the petitioner in the speech stated that Hon’ble Prime Minister gave away Rs.30,000 Crore to his thief friend Mr.Anil Ambani and the said amount was put in the pocket of Mr.Anil Ambani in connection with the Rafel deal.

2.2 It is alleged that the complainant had filed private criminal complaint before the learned Chief Judicial Magistrate, Surat whereby the learned Magistrate quashed and set aside the said complaint vide order dated 23.02.2022. That against the said order of the learned Magistrate, the complainant filed Special Criminal Application No.2578 of 2022 before this Court and this Court (Coram: Hon’ble Mr.Justice V. M. Pancholi) vide order dated 07.03.2022 granted interim relief in terms of paragraph No.7(C) of the Special Criminal Application. That during the pendency of the said petition, on 16.02.2023 learned counsel for the petitioner stated that sufficient evidence has come on record of the concerned Trial Court, he proceeded to withdraw the petition.

2.3 It is alleged that thereafter, the learned Chief Judicial Magistrate has concluded the trial and held the petitioner guilty for the offence punishable under Sections 499 and 500 of the IPC and sentenced him to undergo simple imprisonment of two years.

2.4 It is alleged that being aggrieved and dissatisfied with the impugned judgment and order of conviction passed by the learned Magistrate, the petitioner preferred Criminal Appeal No.254 of 2023 along with the application at Exhibit 5 for suspension of sentence before the District and