XYZ Vs. STATE & ORS

JUDGEMENT

(1.) The petitioner and the second respondent have been in public life for quite long, engaged in active politics, they being associated with political parties that generally have been seen to be opposed to each other. In their interest, their names are being withheld from mention, including in the cause-title. In the wake of results of the elections to legislative assembly of a State being announced, both had participated in a debate on a private television network channel on 20.12.2012, there also being other participants to the debate, the discussion and exchange of views being moderated by an anchor representing the news channel, the programme being telecast live, the parties herein being virtually present from their respective residence in New Delhi. Both the petitioner, and the second respondent, came to be involved in a verbal exchange in the course of the said TV debate, such exchange having been carried live over the network, the same being referred by each of them to institute criminal complaint cases against the other alleging defamation, an offence punishable under Section 500 of Indian Penal Code, 1860 (IPC), having been committed.

(2.) On the basis of separate preliminary inquiries into the said criminal complaints, the courts of Metropolitan Magistrate have summoned the opposite party to appear as accused, each side having approached this Court invoking the inherent power and jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 (Cr. PC) praying for quashing of the said criminal process on the plea that it is an abuse of the process of law.

(3.) Both the above-said petitions came up before the Court simultaneously for final hearing. Since they arise out of different criminal cases and against separate summoning orders, they are being decided by separate judgments, albeit simultaneously. Since the background facts are almost common, for the sake of convenience, the parties shall be referred to by their status in the proceedings.