Lawstreet Journal

Zee Media v. Mahua Moitra: Delhi HC Refuses to Stay Defamation Proceedings before the Trial Court

Lawstreet Journal 7 Nov 2020 1:56am

Image courtesy: Lawstreet Journal Business Zee Media v. Mahua Moitra: Delhi HC Refuses to Stay Defamation Proceedings before the Trial Court

The defamation proceedings of Rouse Avenue Court (pertaining to the criminal defamation case filed by Zee Media’s editor Sudhir Chaudhary against Member of Parliament Mahua Moitra) which was pending before the Delhi High Court was refused a stay.

A plea was filed seeking the quashing of a summoning order passed by the trial court in a defamation case filed against her by Zee Media. The order had come in response to this plea which was moved by a Member of Parliament from Trinamool Congress.

The Single Bench of Justice VibhuBakhru while observing that criminal reference concerning this matter is pending before a Division Bench of the court noted that it was unlikely that there will be the commencement of the recording of evidence by the trial court will be done before the said reference is taken up the High Court.

The present petition which is filed by Mahua Moitra seeks to quash the summoning order dated 25.09.2019. This order dated 25.09.2019 was passed by an Additional Chief Metropolitan Magistrate in a criminal defamation case filed against her by Zee Media.

The order dated 10.01.2020 was also challenged by Ms. Moitra whereby the ACMM had framed notice against her by noting that a no power vests with the Magistrate to discharge an accused in a summons triable case.

The court is also asked in the petition to exercise its powers under Article 227 of the Constitution to issue practice directions to the subordinate courts in relation to exercise powers under Section 251 of the Criminal Procedure… Continue Reading...


Tagged: Mahua Moitra  
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