Mumbai, April 9
A periods court right here has dismissed a legal defamation grievance filed by a Mumbai police officer against Republic TV editor-in-chief Arnab Goswami over sure claims made in the course of the protection of the Sushant Singh Rajput dying case.
The plea, by Deputy Commissioner of Police (DCP) Abhishek Trimukhe, was dismissed by the court on April 1, however an in depth order was made accessible on Thursday.
Trimukhe’s grievance had additionally named ARG Outlier Media Pvt Ltd, which owns Republic Media Network, and Goswami’s spouse, who’s a director within the firm.
The complainant had alleged that there have been some tweets by Goswami and others which misrepresented him.
Additional periods choose Uday Padwad discovered that Trimukhe’s grievance was not in conformity with the necessary requirement ofsection199(2)of the CrPC for the court to take cognisance.
As per provisions of 199(2) of the CrPC, any offence falling underneath Chapter XXI of the Indian Penal Code (45 of 1860) is alleged to have been dedicated against a public servant in reference to the discharge of his public features, a court of session could take cognisance of such offence upon a written grievance by a public prosecutor.
Upon perusal of the grievance submissions made earlier than the court, the choose famous the grievance, on this case, was filed by the DCP himself and never by way of a public prosecutor.
The choose, nevertheless, mentioned the complainant can take his grievances to a Justice of the Peace court.
“It is not that the aggrieved public servant against whom the said offence is alleged to have been committed has no forum to take his grievances to. Hehastheremedytomake a complaint before the competent magistrate,” the court mentioned.
“His filing of the complaint even through the public prosecutor, however, would not confer any jurisdiction on this court to take cognisance of the alleged offence,” it added.
The DCP had filed the grievance in February underneath Indian Penal Code sections 499, 500 (defamation) and 501 (printing or engraving matter identified to be defamatory).
Goswami made “grossly false”, “malicious” and “defamatory” statements in the course of the protection of actor Rajput’s dying in June final yr, the police officer had claimed.
The 34-year-old Bollywood actor was discovered lifeless in his residence in suburban Bandra.
These defamatory statements have been telecast on the channel, Republic Bharat, throughout a dialogue about cellphone data of actor Rhea Chakraborty, Rajput’s girlfriend, the grievance mentioned.
“The said defamatory attacks have been made with a singular view of assassinating his (Trimukhe’s) official character and thereby…maliciously and deliberately causing undue humiliation of the Mumbai Police Department,” the grievance had mentioned.
Goswami additionally tweeted the contents of the telecast to a bigger viewers, the grievance mentioned. PTI