LAWS(SC)-2016-11-68

AMIT SIBAL Vs. ARVIND KEJRIWAL & ORS.

Decided On November 17, 2016
Amit Sibal Appellant
V/S
Arvind Kejriwal And Ors. Respondents

JUDGEMENT

(1.) Leave granted.

(2.) We have heard learned counsel for the parties.

(3.) The appellant has filed a complaint of defamation against the respondents herein under Sec. 200 of the Code of Criminal Procedure, 1973 (Cr.P.C.) for the offences punishable under Sections 500 and 501 read with Sec. 34 of the Indian Penal Code, 1860 (IPC). In the said complaint, the learned Metropolitan Magistrate passed summoning order dated 24.07.2013. Challenging that order the respondents herein filed a petition under Sec. 482 of Crimial P.C. in the High Court of Delhi. After hearing the learned counsel for the parties, the High Court, in the said petition, has passed order dated 16.01.2014. A perusal of the order of the High Court reflects that after noticing the contentions of both the parties, the High Court permitted the respondents to raise the pleas which are raised in the said petition before the Metropolitan Magistrate at the stage of framing of notice under Sec. 251 of the Crimial P.C. It is also directed that at that stage the Metropolitan Magistrate shall consider them and pass a speaking order. The operative portion of the order giving these directions reads as under: