TV TODAY NETWORK LIMITED Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petition has been filed, inter alia, for setting aside; i) order dtd. 21/12/2022, Annexure P-5, passed by the Judicial Magistrate Ist Class, Gurugram, whereby a direction has been issued to register non-cognizable case against the petitioner, ii) non-cognizable report (for short, 'NCR') no.65 of 2022, dtd. 31/12/2022, registered at Police Station Badshahpur, District Gurugram, qua the petitioner, iii) chargesheet dtd. 29/5/2024, Annexure P2, for commission of offence punishable under Sec. 500 of the Indian Penal Code (for short, 'IPC') in case bearing number CHI no.3343 of 2024 titled State v. Google, pending before the Judicial Magistrate.

(2.) Facts of the case in brief are that regarding a news/story concerning the second respondent a 'cease and desist notice and to remove/block/disable URL's and other weblinks pertaining to Gopal Goyal Kumar', was issued on his behalf by Mr. Vikas Verma, Advocate, to Google India Private Limited, Youtube, Facebook India Online Services Private Limited, and Twitter Communications India Private Limited; it was not addressed to the petitioner. Later, a complaint dtd. 6/12/2022, Annexure P10, was filed to the police against the petitioner and other entities alleging criminal conspiracy to defame the complainant/second respondent and spoil his political and business career. Based upon the complaint, a General Diary entry was made by the police dtd. 6/12/2023, Annexure P-12. Thereupon, opinion of the District Attorney was taken regarding the matter. His report dtd. 15/12/2022, Annexure P-16, was received that no cognizable offence was made out on the basis of allegations in the complaint, but prima facie a case of defamation was established. The second respondent thereafter made an application under Sec. 155(2) read with sub-Ss. (3) and (4) of the Criminal Procedure Code, 1973 (Cr.P.C.), before the Judicial Magistrate Ist Class, seeking a direction to the concerned police authorities to investigate into the complaint against the accused for committing offences of criminal conspiracy as well as individually, to defame the complainant and spoil his political and business career. The Magistrate upon hearing the complaint, passed the impugned order dtd. 21/12/2022, under Sec. 155(2) Cr.P.C. directing the Station House Officer (SHO) concerned to register a non-cognizable case and conduct investigation. Accordingly, the NCR no.65 of 2022, dtd. 31/12/2022, under Sec. 500 IPC was registered at Police Station Badshahpur, District Gurugram. After completion of investigation, the impugned chargesheet dtd. 29/5/2024, Annexure P-2, was presented and the Magistrate issued notice to the accused, vide order dtd. 6/6/2024, Annexure P-3. In these circumstances, the instant petition has been filed.

(3.) Learned counsel for the petitioner submits that in a defamation case recourse to provisions of Sec. 156(3) Cr.P.C. cannot be taken in view of specific bar under Sec. 199 Cr.P.C. on lodging of any FIR and consequent investigation by the Police. Such a grievance can only be raised by filing a complaint. He has relied upon a judgment of the Allahabad High Court in Kanhaiya Lal v. State of U.P. and another, 2000 CRI. L.J. 3886, in this regard. The reliance has also been placed upon a judgment by this Court in CRM-M-38771-2011 titled Harjit Singh Hassanpuri v. State of Punjab and another, on the issue.