ORDER

Petitioner is a registered & recognized national political party. It is invoking the inherent jurisdiction of this court u/s.482 of the Code of Criminal Procedure, 1973 seeking quashment of Criminal Proceedings in C.C.No.28124/2022 for the offence of defamation punishable u/s.500 of Indian Penal Code, 1860 . The said proceedings are pending on the file of learned 42nd ACMM Court, Bangalore (ie., Special Court for the trial of cases of MPs/MLAs). The petitioner along with another happen to be accused therein.

II. FOUNDATIONAL FACTS OF THE CASE:

(1) The respondent herein had filed a private complaint in PCR No.41/2019 dated 22.05.2019 alleging that the accused had tweeted certain matter that are grossly defamatory of him. The said tweets are as under:

“a) “Congress Exposed – Youth Cong Nation Secretary Ibrahim Khaleelulla has been arrested after being caught printing fake voters ID cards. Bengaluru central candidate @ArshadRizwan is behind this racket”

b) “Youth Congress National Secretary Ibrahim Khaleelulla was operating from prabhat complex, 3rd floor room no.507. They were caught red handed by BJ