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2024 Supreme(Online)(DEL) 12881

HIGH COURT OF DELHI
MR. JUSTICE ANOOP KUMAR MENDIRATTA, J
ARVIND KEJRIWAL & ORS. – Appellant
Versus
STATE & ANR. – Respondent


Mr. Mohit Mathur, Sr. Advocate with Md. Irshad, Mr. Karan Sharma, Mr. Rajat Bhardwaj, Mr. Mohit Siwach, Mr. Harsh Gautam, Mr. Mayank Sharma and Mr. Kaustabh Khanna, Advocates; Mr. Sanjay Lao, Standing Counsel (Crl.) with Mr. Abhinav Kumar Arya, Mr. Shivesh Kaushik and Mr. Priyam Agarwal, Advocates for R-1; Ms. Sonia Mathur, Sr. Advocate with Mr. Piyush Beriwal, Mr. Neeraj, Mr. Himanshu Sethi, Mr. Nikhil Kumar Chaubey, Ms. Shubhi Bhardwaj, Mr. Nikhil Chandra Jaiswal and Ms. Ronika Soni, Advocates for R-2.

J U D G M E N T

ANOOP KUMAR MENDIRATTA, J.

CRL.M.C.1013/2020 & CRL.M.A.4072/2020 BACKGROUND FACTS

1. Petitioners No.1 to 3, namely Shri Arvind Kejriwal (Chief Minister of Delhi), Ms. Atishi Marlena and Shri Sushil Kumar Gupta along with Shri Manoj Kumar were summoned vide order dated 15.03.2019 passed by learned ACMM-I, Rouse Avenue District Courts for offence of defamation under Section 500 IPC , on a complaint filed by respondent No.2 (Shri Rajiv Babbar), Authorized Representative, Bharatiya Janata Party (BJP), Delhi Pradesh. A Criminal Revision Petition preferred by the petitioners challenging the aforesaid order dated 15.03.2019 along with Shri Manoj Kumar, was dismissed by learned Additional Sessions Judge/Special Judge (PC Act) vide order dated 28.01.2020.

2. Aggrieved against the same, present petition under Section 482 Cr.P.C. has been preferred on behalf of petitioners for quashing of impugned orders dated 15.03.2019 passed by learned ACMM, and 28.01.2020 passed by learned ASJ.

3. The case of the complainant/respondent No.2 is that on 07.12.2018, when he reached the party office, one Naveen Shah amongst persons present there stated in presence of others :

"Ae kya dohora charitr

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