MEDHA PATKAR Vs. V.K. SAXENA

JUDGEMENT

(1.) The present petition under Article 227 of the Constitution of India has been filed challenging the Order dtd. 18/3/2025 passed by the Judicial Magistrate First Class ( JMFC'), South East District, Saket Courts, New Delhi, in Complaint Case No. 633718/2016 titled 'Medha Patkar vs. V.K. Saxena". By the said Order, the learned JMFC dismissed an application filed by the petitioner under Sec. 254(1) of the Code of Criminal Procedure, 1973 ('CrPC.'), seeking permission to examine an additional witness.

(2.) The complaint in the said case was instituted on 15/12/2000, alleging that an advertisement published on 10/11/2000 in the Indian Express newspaper was defamatory in nature. The petitioner/complainant named three accused persons, including the publisher and editor of the Indian Express newspaper, in addition to the respondent herein. The petitioner/complainant also filed a list of documents and proposed witnesses, including herself, the Circulation Manager (or his representative), Dr. Anoop Saraya, and such other persons.

(3.) As per the petitioner, cognizance of the complaint was taken by the learned Metropolitan Magistrate vide the Order dtd. 31/3/2000, and summons were issued to all three accused. Accused Nos. 2 and 3 subsequently approached this Court in Crl.M.C. No. 1029/2007, seeking quashing of the summoning order. During the pendency of that petition, a compromise was arrived at between the petitioner and accused Nos. 2 and 3, pursuant to which both the said accused persons tendered an apology. The offence stood compounded and the proceedings against them were closed by this Court vide the Order dtd. 26/11/2008.