Observing that former Delhi BJP chief Vijender Gupta had not denied having made a defamatory statement against Chief Minister Sheila Dikshit,a city court has asked the BJP leader to appear before it to accept notice of the case to be framed against him on the basis of the prima facie evidence.
Dikshit had approached the court on May 30 last year
alleging that Gupta had made defamatory remarks and used uncivilised language against her in the run up to the MCD polls last year.
The court of Metropolitan Magistrate Namrata Aggarwal on Monday directed Gupta to be present in court on July 22 to accept the framing of notice in the case. Charges framed against an accused in a case filed on a complaint are called Notice by courts.
The court,in its order,also observed that the test for framing notice in a summons triable case was less stringent,as the evidence did not require meticulous examination.
The test for framing notice under Section 245 CrPC against the proposed offender is that the complaint and preliminary evidence prima facie discloses commission of punishable offence, observed the court.
In this case,prima facie offence u/s 500 IPC is made
out against the accused, held
the court. The court noted that Gupta did not deny to have made any such statement and,in fact,accepted to have made such a statement and refused to apologise even after Dikshits counsel informed the court that the complainant would withdraw the complaint in case the accused,even at this stage,makes a statement in the court that the defamatory words published in the newspapers were not stated by him and that they were the creation of the correspondent or the publisher of the said newspapers. Dikshit had submitted reports published in various newspapers quoting Guptas allegedly defamatory words.
However,no reply in this regard had come from the side of the accused. There is no material to assume that the news report was not given by the accused or that it was the creation of some else, the court noted.
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