A Magistrate can direct the registration of a non-cognizable case under Section 155(2) Cr.P.C., and the procedure followed for investigating defamation complaints is valid despite the restrictions of Section 199 Cr.P.C.

JUDGMENT :

TRIBHUVAN DAHIYA J.

1. The petition has been filed, inter alia, for setting aside; i) order dated 21.12.2022, Annexure P-5, passed by the Judicial Magistrate Ist Class, Gurugram, whereby a direction has been issued to register non-cognizable case against the petitioner, ii) non-cognizable report (for short, ‘NCR’) no.65 of 2022, dated 31.12.2022, registered at Police Station Badshahpur, District Gurugram, qua the petitioner, iii) chargesheet dated 29.05.2024, Annexure P- 2, for commission of offence punishable under Section 500 of the Indian Penal Code (for short, ‘ IPC ’) in case bearing number CHI no.3343 of 2024 titled State v. Google , pending before the Judicial Magistrate.

2. Facts of the case in brief are that regarding a news/story concerning the second respondent a ‘cease and desist notice and to remove/block/disable URL’s and other weblinks pertaining to Gopal Goyal Kumar’, was issued on his behalf by Mr. Vikas Verma, Advocate, to Google India Private Limited, Youtube, Facebook India Online Services Private Limited, and Twitter Communications India Private Limited; it was not addressed to the petitioner. Later, a complaint dated 06.12.2022, Annexure P- 10, was filed to the police against the petitioner and other entities alleging criminal conspiracy to defame the complainant/second respondent and spoil his political and business career. Based upon the complaint, a General Diary entry was made by the police dated 06.12.2023, Annexure P-12. Thereupon, opinion of the District Attorney was taken regarding the matter. His report dated 15.12.2022, Annexure P-16, was received that no cognizable offence was made out on the basis of allegations in the complaint, but prima facie a case of defamation was established. The second respondent thereafter made an application under Section 155 (2) read with sub-Sections (3) and (4) of the Criminal Procedure Code, 1973 (Cr.P.C.), before the Judicial Magistrate Ist Class, seeking a direction to the concerned police authorities to investigate into the complaint against the accused for committing offences of criminal conspiracy as well as individually, to defame the complainant and spoil his political and business career. The Magistrate upon hearing the complaint, passed the impugned order dated 21.12.2022, under (2) Cr.P.C. directing the Station House Officer (SHO) concerned to register a non- cognizable case and conduct investigation. Accordingly, the NCR no.65 of 2022, dated 31.12.2022, under Section 500 IPC was registered at Police Station Badshahpur, District Gurugram. After completion of investigation, the impugned chargesheet dated 29.05.2024, Annexure P-2, was presented and the Magistrate issued notice to the accused, vide order dated 06.06.2024, Annexure P-3. In these circumstances, the instant petition has been filed.

3. Learned counsel for the petitioner submits that in a defamation case recourse to provisions of Section 156 (3) Cr.P.C. cannot be taken in view of specific bar under Section 199 Cr.P.C. on lodging of any FIR and consequent investigation by the Police. Such a grievance can only be raised by filing a complaint. He has relied upon a judgment of the Allahabad High Court in Kanhaiya Lal v. State of U.P. and another , 2000 CRI. L.J. 3886, in this regard. The reliance has also been placed upon a judgment by this Court in CRM-M-38771-2011 titled Harjit Singh Hassanpuri v. State of Punjab and another , on the issue.

4. Learned State counsel, on the contrary, submits that the case against the petitioner is based upon a complaint made by the second respondent, whereupon NCR, dated 31.12.2022, has been registered on a direction by the Magistrate under Section 155 (2) Cr.P.C. It is not a case under Section 156 Cr.P.C. She also cont