DIGVIJAY SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition has been filed u/s. 482 Cr.P.C. against the order dated 24th January, 2012 passed by Additional Sessions Judge No. 4, Kota, by which he has ordered to issue the notice to the petitioner and others. Brief facts of the case are that respondent No. 2--complainant filed a complaint before the court of Additional Chief Judicial Magistrate, First Class No. 5, Kota against the petitioner and two others by introducing himself as the member and active worker of Pantjali Yogpeeth of Baba Ramdev and Rashtriya Swayam Sewak Sangh (RSS) against Digvijay Singh, General Secretary, Indian National Congress Party, Smt. Sonia Gandhi, President, Indian National Congress Party and Rahul Gandhi. In the complaint, it was mentioned that on 5th June, 2011 in T.V. news, derogatory and defamatory language was used by petitioner and subsequently also by the leaders of Indian National Congress Party. The petitioner, Sonia Gandhi and Rahul Gandhi in the various meetings news items, articles and speeches made such statement, due to which so many persons started to give him comments and by virtue of such facts, the act of the petitioner and others is an offence, as defined in Section 153A IPC and Section 499 IPC and such statement are defamatory and derogatory for RSS as well as for Baba Ramdev. Upon that, complainant made request to the Magistrate concerned to take cognizance against the petitioner and others. The learned Magistrate, after considering the provisions of Section 199(1) Cr.P.C. rejected the complaint vide order dated 2nd July, 2011 observing that the complainant is not having the right to file such a complaint and is having no locus standi.

(2.) Being aggrieved, the complainant/respondent No. 2 filed a revision petition, which was transferred to the Court of Additional Sessions Judge No. 4, Kota. The learned revisional court issued the notice to the petitioner Mr. Digvijay Singh as well as Smt. Sonia Gandhi and Rahul Gandhi vide order dated 24.1.2012. Against the said order, this misc. petition has been filed.

(3.) Learned counsel for the petitioner took me through the provisions of Section 199 Cr.P.C., which reads as under: