Legal requirement for 'some person aggrieved' is essential in defamation cases; failure to meet this requirement renders proceedings invalid.

C.A.V. ORDER

PER: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV

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.

2. The parties are referred to by their description in the proceedings before the trial Court.

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.

4. The complaint narrates that the accused No.1 i.e., the Karnataka Pradesh Congress Committee which is a part of Indian National Congress, the accused No.2 - the President of the Karnataka Pradesh Congress Committee, accused No.3 - the leader of Opposition i.e., of the Congress Party (at the relevant point of time) and accused No.4 - the Former Vice President of Indian National Congress, had conspired and issued an advertisement on 05.05.2023 by making reckless imputations against the complainant. The advertisement, it is alleged was defamatory and published in main stream newspapers.

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 insinuations made in the said advertisement have tarnished the image of the complainant's Government.

6. It is further asserted that the accused No.4 who was actively campaigning for the Congress Party had put up the advertisement in his Twitter account, which would reveal that the advertisement related to the complainant. It is asserted that the accused No.4 has issued directions to accused Nos. 1 and 2 to proceed to advertise and such publication has defamed the complainant.

7. It is submitted that legal notice came to be issued calling upon the accused to withdraw the allegations. In light of absence of response, complaint has been filed.

8. It is noticed from the records produced that upon presentation of the complaint, cognizance was taken on 13.06.2023 and case was posted for sworn statement of complainant on 27.07.2023. The order sheet would indicate that sworn statement of the complainant was recorded and Exs. C1 to C14 were marked. Subsequently, C.W.2 to C.W.5 were examined. The Court heard arguments before issuing process to the accused on 23.02.2024. A detailed order came to be passed on 23.02.2024 while issuing summons.

9. The trial Court has taken note of the sworn statement, copy of authorisation, the documents marked as Exs.C1 to C14 and found that prima facie version of the complainant was supported. The Court also took note of statements of C.W.2 and C.W.5. The trial Court has held that the complainant could be construed to be a 'person'. It records that there were sufficient grounds for issuance of notice under Section 204 of Cr.P.C. and accordingly, order is passed to register criminal case for the offence under Sections 499 and 500 of IPC and summons has been issued to accused 1 to 4.

10. The accused No.4 has then approached this Court seeking for setting aside of the proceedings.

11. The petitioner has contended that: advertisement relied on by the complainant does not contain any imputation against the complainant or any other identifiable individual; that the publication contains no material linking such advertisement to accus