2016 (11) TMI 1626

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....el for the parties. 2. The Appellant has filed a complaint of defamation against the Respondents herein Under Section 200 of the Code of Criminal Procedure, 1973 (Code of Criminal Procedure) for the offences punishable under Sections 500 and 501 read with Section 34 of the Indian Penal Code, 1860 (Indian Penal Code). In the said complaint, the learned Metropolitan Magistrate passed summoning or....

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.... "21. Applying the aforesaid principles to this case, the Petitioners are permitted to urge the pleas raised in this petition before the learned Metropolitan Magistrate at the stage of framing of notice Under Section 251 Code of Criminal Procedure whereupon the learned Metropolitan Magistrate shall consider them and pass a speaking order. The learned Magistrate shall frame the notice Unde....

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....complaint case where summoning order has been issued and no charge is to be framed and, the order permitting the Respondents to raise such contentions at the stage of framing of notice and directing the Metropolitan Magistrate to consider the same and pass appropriate order is contrary to law. The substance in this contention raised by the learned Counsel for the Appellant to this legal position i....

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....s not maintainable and it was also argued that particularly, at this stage, when the notice has been framed and the complainant has also been examined, the High Court should not interfere with the trial. The learned Counsel for the Respondents refuted this submission and submit that acts of the court should prejudice none. 4. Since we are remitting the case to the High Court, it is not appropri....