MANISH SISODIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.K. Bhuyan, learned counsel for the petitioner. Also heard Mr. M. Phukan, learned P.P. appearing for the State respondent no.1 and Mr. D. Saikia, learned senior counsel, assisted by Ms. R. Baruah, learned counsel for the respondent no. 2.

(2.) By filing this criminal petition under sec. 482 Cr.P.C. the petitioner, namely, Manish Sisodia, has prayed for quashing of the proceedings of C.R. Case No. 81/2022 under Sec. 499/500 IPC, which is pending for disposal before the Court of the learned Chief Judicial Magistrate, Kamrup (M) at Guwahati.

(3.) Bereft of unnecessary details, it would suffice to mention the herein before complaint petition was filed by the respondent no.2, namely, Dr. Himanta Biswa Sarma, who is the present Chief Minister of the State of Assam. In the complaint petition it was alleged that on 4/6/2022, the petitioner had addressed a press conference at New Delhi where defamatory statement was made against the respondent no. 2, accusing him of indulging in corruption. The video of the said press conference was uploaded in you-tube channel of Aam Aadmi Party, with caption - " Assam ke BJP CM ke bhrastachar ka yeh hai kacha chittha ." It would suffice to mention that in the complaint petition, it was stated, amongst others, that the allegations against the respondent no. 2 was to the effect that the respondent no. 2 was involved in corruption; he had given Government contract to his wife's Company for purchasing PPE kits; while purchase from others were made at Rs.600.00 per kit, such kits were purchased from the Company of the wife of the respondent no. 2 at the rate of Rs.990.00 per PPE kit.