(1.) The present petition has been filed by the petitioner, under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter shall be referred to as Cr.P.C.) read with Art. 227 of the Constitution of India for setting aside and quashing of order dated 19.05.2016 passed by the learned Chief Metropolitan Magistrate, Patiala House Courts, New Delhi and for stay of the criminal proceedings in Criminal Complaint No. 210/2016 until the final decision of Civil Suit bearing CS(OS) No. 3457/2015 pending before this Court.
(2.) The petitioner is a member and convenor of Aam Aadmi Party, member of the Legislative Assembly of Delhi and is the current Chief Minister of the NCT of Delhi. The respondent no.1 was the President of Delhi District and Cricket Association (DDCA) until 2013 and is a member of Bhartiya Janta Party, Member of Parliament and Union Cabinet Minister. On 21.12.2015, a complaint of criminal defamation was filed by the respondent no.1 against the petitioner and respondent nos.2 to 6 with allegations under Sections 499, 500, 501, 502 of the Penal Code read with Sec. 34 and 35 of the IPC. On the same date, respondent no.1 had also filed a civil defamation suit before this Court. Learned CMM took cognizance of the offences on 21.12.2015 and pre-summoning evidence was recorded. Vide order dated 09.03.2016, the petitioner and respondent nos.2 to 6 were summoned and they appeared before the Court on 07.04.2016.
(3.) The matter was fixed for framing of the notice on 19.05.2016.
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