Mahua Moitra challenges Stay of Defamation Case against Zee News Editor-in-Chief Sudhir Chaudhary before Delhi High Court

Team SoOLEGAL 10 Oct 2019 5:00pm

Mahua Moitra challenges Stay of Defamation Case against Zee News Editor-in-Chief Sudhir Chaudhary before Delhi High Court

Mahua Moitra, the MP from Trinamool Congress Party (TMC) has challenged the stay order passed by a Sessions Court in Delhi thereby staying the proceedings in the criminal defamation case filed by her against Sudhir Chaudhary, the Editor-in-Chief of Zee News.

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. 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 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 the meanwhile, the Editor-in-Chief of Zee News moved before the Sessions Court thereby challenging the said order for deciding 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.

Consequently, Mahua moved the Delhi High Court 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 Counsel further submitted they did not want to challenge the merits of application filed by Chaudhary as it was a matter of trial proceedings.

The Counsel for Sudhir Chaudhary submitted before the Court that the present writ petition was not maintainable in the eyes of law and application filed by Chaudhary must have been considered by the MM before reserving an order for the issue of summons.

The Single-Judge bench comprising of Justice Brijesh Sethi, after hearing both the parties, directed the counsel for Sudhir Chaudhary to file a reply to the present petition before October 14, after which the Court will deliver the final order without giving any further opportunity to either of the parties for addressing arguments.

Tagged: Delhi High Court   Mahua Moitra   Sudhir Chaudhary   Defamation Case  
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