For the offence of defamation under Section 499, Explanation 4 of the Indian Penal Code, the imputation must objectively lower the reputation in the estimation of others; a complaint fails where all witnesses and complainants are internal employees, as they do not constitute independent or public observers.

JUDGMENT :

BRIJ RAJ SINGH, J.

1. Since the common question of facts and law are involved in all three applications, therefore, with the consent of the parties, they are being heard and decided by a common judgement.

2. The applicant/Smt. Sadhana Chooramani alias Sadhana Bedi in seeking setting aside of summoning order dated 25.03.2019 in Complaint Case No.2668 of 2018 (Pyarelal Shukla Vs. Sadhna Bedi & Ors.), under Sections 500, 501 of Indian Penal Code (for short “IPC”), pending in the Court of Additional Chief Judicial Magistrate-I, Lucknow (for short “Magistrate”).

3. The applicants i.e. Smt. Sadhana Chooramani alias Sadhana Bedi and Rajesh Agarwal alias Rajesh Kumar Agarwal, respectively, in APPLICATION U/s 482 Nos. 3477 and 3679 of 2026 have filed the applications seeking setting aside of summoning order dated 31.07.2019 in Complaint Case No.2565 of 2018 (Surendra Kumar Verma Vs. Rajesh Agarwal & Ors.), under Sections 500, 501 of IPC, pending in the Court of the Magistrate.

4. The facts of APPLICATION U/s 482 Nos. 3475 of 2026 are extracted herein-below.

The complainant filed a complaint stating therein that he was employed as a typist at City Montessori School, Station Road Branch, Lucknow (for short “CMS”), and that several persons, being jealous of the reputation of Shri Jagdish Gandhi (since deceased) on account of better education and discipline imparted by the institution, conspired to malign the image of CMS and its founder, Dr. Jagdish Gandhi. It has been alleged that Rajesh Agrawal, Ritesh Agrawal, Dr. Sunil Bisen, and Sandeep Pandey, had, even prior to the present incident, distributed pamphlets to defame CMS and its founder and had also staged demonstrations. It has further been alleged that, in order to create terror and defile the image of the school and Shri Jagdish Gandhi, on 18.08.2018, after sending an e-mail, Sandeep Pandey asked his supporters to hold demonstrations before CMS. Pursuant thereto, the supporters allegedly held demonstrations and distributed pamphlets. The statements of the complainant and the witnesses were recorded under Sections 200 and 202 of Code of Criminal Procedure, 1973 (for short “CrPC”). Thereafter, the Magistrate summoned the applicants to face trial vide the impugned order dated 25.03.2019.

5. The facts of APPLICATION U/s 482 Nos. 3477 and 3679 of 2026 are related to each other and have arisen out of same complaint case which are mentioned below.

The complainant filed a complaint stating therein that he was employed as an Office Secretary at CMS. It has been alleged that Rajesh Agrawal, Ritesh Agrawal, Dr. Sunil Bisen, and Sandeep Pandey had, even prior to the present incident, distributed pamphlets to malign the image of CMS and its founder, Dr. Jagdish Gandhi, and had also staged demonstrations. It has further been alleged that, in order to create terror and defame the school and Shri Jagdish Gandhi, on 18.08.2018 and 25.08.2018, after sending an e-mail, Sandeep Pandey asked his supporters to hold demonstrations before CMS. Pursuant thereto, the supporters allegedly held demonstrations and distributed pamphlets. The statements of the complainant and the witnesses were recorded under Sections 200 and 202 CrPC. Thereafter, the Magistrate summoned the applicants to face trial vide order dated 31.07.2019.