27-Jan-2024 11:13 PM
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New Delhi, Jan 27 (Reporter) Former Rajasthan Chief Minister Ashok Gehlot appeared on Saturday through video conferencing (VC) in a criminal defamation complaint before a Delhi court.
Tanya Bamniyal, Additional Chief Metropolitan Magistrate (ACMM), after hearing said, "Matter is at the stage of arguments on framing of notice and arguments on application u/s 91 Cr.P.C. moved on behalf of the
accused."
The counsel for the complainant requested an oral exemption on behalf of the complainant on the
ground that the complainant could not appear before this court due to some social obligations. The same was opposed by the opposite counsel.
The court said,"The request for oral exemption has been opposed by Ld. Counsel for the accused. However, in the interest of justice, the exemption of the complainant from personal appearance is allowed for today only."
Counsel for the accused after submitting and placing on record the copy of the order dated January 22, 2024, passed by the Hon’ble High Court of Delhi, whereby directions have been given to this court to adjourn the matter to a date later than the date fixed by the Hon’ble High Court of Delhi.
which is 06.03.2024.
After hearing the High Court order, the ACMM court said, "The matter is adjourned for today and will be put up for arguments on the framing of notices and arguments on the application.
u/s 91 Cr.P.C. on March 15, 2024, at 10:15 AM, awaiting further orders.
of Hon’ble Delhi High Court".
In this matter, Union Jal Shakti Minister Gajendra Singh Shekhawat filed a defamation complaint before the District Court of Rouse Avenue, New Delhi, against Gehlot on the allegations that Mr. Gehlot has defamed him and falsely accused him of being involved in the Rs 900 crore Sanjivani Credit Society scam. He contended that his name did not appear anywhere when the Rajasthan government investigated the matter.
It is alleged by Shekhawat that the accused, by way of press conferences, media reports, social media posts, etc., has publicly stated that not only the complainant and his family
members are accused in the Sanjeevani scam, but also that the allegations against the complainant in the said scam stand proved.
His counsel had alleged that the accused has on different occasions addressed the media and has also uploaded videos and posts on his social media accounts in order to maliciously defame the complainant by way of false statements, particularly stating that the allegations against the complainant in the Sanjeevani scam stand proved and that the crime of misappropriation or embezzlement of money belonging to poor and innocent investors has been proved against the complainant.
Shekhawat requested that Gehlot be prosecuted in court for criminal defamation defined under the provisions of the Indian Penal Code (IPC) and sought appropriate financial compensation for the loss of his reputation.
Counsel for Gehlot has earlier argued on the application under Section 91 of the Criminal Procedure Code (Cr.P.C.) by submitting that the documents that are sought to be summoned in this case are the documents that are necessary for adjudication of the matter, and once the said documents have come on record, this court will be duty-bound to discharge the accused or the
applicant Gehlot.
He has earlier submitted that the documents sought to be placed on record under 91 Cr. PCs are not defense documents; rather, they said documents are part of the record of the complainant's pleadings, and the complainant has partially concealed a portion thereof. Such concealment, at the hands of the complainant, disentitles the complainant to any relief, and therefore, the said application of the accused ought to be allowed, and consequently, the accused ought to be discharged.
Counsel for Union Jal Shakti Minister Gajendra Singh Shekhawat opposed the application and submitted that the said application is merely an abuse of process of law and is nothing more than delay tactics...////...