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