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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S SUNIL DUTT YADAV, J
RAHUL GANDHI – Appellant
Versus
BHARATIYA JANATA PARTY – Respondent
| Table of Content |
|---|
| 1. details of the complaint and accusations in defamation case. (Para 1 , 3 , 4 , 5 , 6) |
| 2. arguments presented by the accused and complainant. (Para 11 , 12 , 14) |
| 3. court's observations regarding jurisdiction and authority. (Para 15 , 18 , 22) |
| 4. legal standards for proving defamation and the notion of 'aggrieved person'. (Para 23 , 28 , 30) |
| 5. conclusion and court's decision on the petition. (Para 34 , 35) |
C.A.V. ORDER
The petitioner who is accused No.4 has filed the present petition seeking for setting aside of the proceedings pending in C.C.No.7399/2024 (P.C.R.No. 3878/2023) for the alleged offences punishable under Sections 499 and 500 of Indian Penal Code, pending on the file of XLII Additional Chief Judicial Magistrate, Bengaluru.
3. The complaint under Sections 190 and 200 of Cr.P.C. came to be filed by the complainant viz., Bharatiya Janata Party, represented by its State Secretary, S. Keshava Prasad.
5. It is submitted that the allegations made in the advertisement made a clear reference to the time period of 2019 to 2023 which would indicate that the reference made in the advertisement was against the complainant. The complaint further narrates that the insinuat
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