- (1.) This petition has been filed u/s. 482 Cr.P.C. against the order dated 24th January, 2012 passed by Additional Sessions Judge No. 4, Kota, by which he has ordered to issue the notice to the petitioner and others. Brief facts of the case are that respondent No. 2--complainant filed a complaint before the court of Additional Chief Judicial Magistrate, First Class No. 5, Kota against the petitioner and two others by introducing himself as the member and active worker of Pantjali Yogpeeth of Baba Ramdev and Rashtriya Swayam Sewak Sangh (RSS) against Digvijay Singh, General Secretary, Indian National Congress Party, Smt. Sonia Gandhi, President, Indian National Congress Party and Rahul Gandhi. In the complaint, it was mentioned that on 5th June, 2011 in T.V. news, derogatory and defamatory language was used by petitioner and subsequently also by the leaders of Indian National Congress Party. The petitioner, Sonia Gandhi and Rahul Gandhi in the various meetings news items, articles and speeches made such statement, due to which so many persons started to give him comments and by virtue of such facts, the act of the petitioner and others is an offence, as defined in Section 153A IPC and Section 499 IPC and such statement are defamatory and derogatory for RSS as well as for Baba Ramdev. Upon that, complainant made request to the Magistrate concerned to take cognizance against the petitioner and others. The learned Magistrate, after considering the provisions of Section 199(1) Cr.P.C. rejected the complaint vide order dated 2nd July, 2011 observing that the complainant is not having the right to file such a complaint and is having no locus standi.
(2.) Being aggrieved, the complainant/respondent No. 2 filed a revision petition, which was transferred to the Court of Additional Sessions Judge No. 4, Kota. The learned revisional court issued the notice to the petitioner Mr. Digvijay Singh as well as Smt. Sonia Gandhi and Rahul Gandhi vide order dated 24.1.2012. Against the said order, this misc. petition has been filed.
(3.) Learned counsel for the petitioner took me through the provisions of Section 199 Cr.P.C., which reads as under: 199. Prosecution for defamation:--(1) No court shall take cognizance of all offence punishable under Chapter XXI of the Indian Penal Code (45 of 1860) except upon a complaint made by some person aggrieved by, the offence: Provided that where such person is under the age of eighteen years, or is an idiot or a lunatic, or is from sickness or infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public, some other person may, with the leave of the court, make a complaint on his or her behalf. (2) Notwithstanding anything contained in this Code, when any offence falling under Chapter XXI of the Indian Penal Code (45 of 1860) is alleged to have been committed against a person who, at the time of such commission, is the President of India, the Vice-President of India, the Government of a State, the Administrator of a Union territory or a Minister of the Union or of a State or of a Union territory, or any other public servant employed in connection with the affairs of the Union or of a State in respect of his conduct in the discharge of his public functions a court of Session may take cognizance of such offence, without the case being committed to it, upon a complaint in writing made by the Public Prosecutor. (3) Every complaint referred to in sub-section (2) shall set forth the facts which constitute the offence alleged, the nature of such offence and such other particulars as are reasonably sufficient to give notice to the accused of the offence alleged to have been committed by him. (4) No complaint under sub-section (2) shall be made by the Public Prosecutor except with the previous sanction. (a) Of the State Government, in the case of a person who is or has been the Governor of that State or a Minister of that Government; (b) Of the State Government, in the case of any other public servant employed in connection with the affairs of the State; (c) Of the Central Government, in any other case. (5) No Court of Session shall take cognizance of an offence under subsection (2) unless the complaint is made within six months from the date on which the offence is alleged to have been committed. (6) Nothing in this section shall affect the right of the person against whom the offence is alleged to have been committed, to make a complaint in respect of that offence before a Magistrate having jurisdiction or the power of such Magistrate to take cognizance of the offence upon such complaint.;