Delhi High Court - Orders
Ramvir Singh Biduri vs Delhi Jal Board & Ors on 8 December, 2021
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~59
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3185/2021
RAMVIR SINGH BIDURI ..... Petitioner
Through: Mr. R. Venkatramani and Mr. Ajay Burman,
Senior Advocates with Mr. Pavan Narang, Mr.
Neeraj, Mr. Satya Ranjan, Mr. Atulya Anand
and Mr. Amit Tiwari, Advocates.
Ms. Anushkaa Arora, Advocate.
versus
DELHI JAL BOARD & ORS. ..... Respondents
Through: Mr. Prashant Manchanda, Ms. Aditi S., Mr.
Mohit Saroha, Ms. Sakshi Uppal and Mr.
Vaibhav K., Advocates for respondent Nos. 1
and 2.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 08.12.2021 CRL.M.C. 19658/2021 (Exemption)
1. Allowed, subject to all just exceptions.
2. The application stands disposed of.
CRL.M.C. 3185/2021 & CRL.M.A. 19657/2021 (stay)
1. The present petition has been filed under Section 482 Cr.P.C. on behalf of the petitioner seeking quashing of Complaint Case No. 05/2021 registered under Section 500 read with Section 34 IPC and the summoning order dated 18.11.2021 passed by the learned ACMM, Rouse Avenue District Court Complex, Delhi, qua the petitioner.
2. Mr. R. Venkatramani, learned Senior Counsel appearing for the petitioner, submits that respondent No. 1, being an instrumentality of State, is unlike any other private Company, Corporation, Association or Collection of Persons within the meaning of Explanation 2 to Section 499 IPC. Thus, it cannot allege defamation of itself and file a criminal complaint under Section 500 IPC. While placing reliance on the decision in Subramanian Swamy v. Union of India, Ministry of Law and Others Signature Not Verified Digitally Signed By:SANGEETA ANAND Signing Date:09.12.2021 05:43:16 reported as (2016) 7 SCC 221, it is submitted that the institution of the complaint is contrary to the mandate of sub-sections (2) and (4) of Section 199 Cr.P.C. It is lastly submitted that the issue is also pending consideration before the Supreme Court in Manoj Kumar Tiwari v. Manish Sisodia and Ors., SLP (Crl.) No. 351/2021.
3. Issue notice.
4. Mr. Prashant Manchanda, learned counsel for respondent Nos. 1 and 2, accepts notice.
5. Reply, if any, be filed within four weeks from today, with an advance copy thereof to the learned counsel for petitioner, who may then file rejoinder, if any, within four weeks thereafter.
6. List on 16th March, 2022.
7. In the meantime, the impugned order dated 18.11.2021 shall remain stayed.
MANOJ KUMAR OHRI, J DECEMBER 8, 2021 v Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:SANGEETA ANAND Signing Date:09.12.2021 05:43:16