Delhi HC Quashes Stay Order on Trial Court Proceedings in Criminal Defamation Case against Sudhir Chaudhary

Team SoOLEGAL 17 Oct 2019 5:00pm

Delhi HC Quashes Stay Order on Trial Court Proceedings in Criminal Defamation Case against Sudhir Chaudhary

A Single Judge Bench of Justice Brijesh Sethi of the Delhi High Court, today, set-aside the order passed by Addl. Sessions Judge, Rakesh Syal for granting a stay on trial court proceedings of the criminal defamation case filed by TMC MP Mahua Moitra against the Editor-in-Chief of Zee News Sudhir Chaudhary.

Moitra had filed a criminal defamation case against Sudhir Chaudhary after he had leveled allegations upon her of giving a plagiarized speech in the Parliament on June 25 this year.

The instant case was pending adjudication before Ms. Preeti Parewa, Ld. Metropolitan Magistrate, New Delhi wherein pre-summoning evidence was concluded and the matter was fixed for orders on the issue of summons.

In response to the defamation case, Sudhir Chaudhary also filed an application under section 340 of the Criminal Procedure Code, 1973 against Mahua Moitra for allegedly raising false averments and befooling the Court by filing a false case.

The Editor-in-Chief of Zee News also moved before the Sessions Court thereby challenging the said order for deciding the issue of summons. Chaudhary’s counsel raised an objection that the Ld. MM should not have proceeded with the case without considering the application under section 340 filed by Chaudhary.

Thereafter, the Additional Sessions Judge Rakesh Sayal of the New Delhi District (Patiala House Courts) allowed the revision petition and stayed the trial court proceedings after hearing arguments from both the parties.

Mahua had moved the Delhi High Court on October 10, challenging the said order passed by Sessions Court for staying the trial court proceedings. The counsel for Mahua argued that the said order was erroneous as it did not have sufficient power to stall the pre-summoning proceedings in revision jurisdiction.

The Court had directed the counsel for Sudhir Chaudhary to file a reply before October 14 after which the Court was to deliver the final order without giving any further opportunity to either of the parties for addressing arguments.

Consequently, the Court today allowed the plea of Mahua Moitra thereby setting aside the stay order on trial court proceedings passed by the Addl. Sessions Judge.

Tagged: Delhi High Court   Mahua Moitra   Sudhir Chaudhary   Defamation Case  
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