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This is an archive article published on July 8, 2023
2017 defamation case: HC issues notice in Koshyari’s plea against summoning order
Drawing the court's attention to the order wherein the respondent had alleged that Koshyari had written a letter making “defamatory statements” against him, Mathur said “letter on the basis of which the defamation has been alleged was not even signed by the petitioner or anyone”.
Bhagat Singh Koshyari
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2017 defamation case: HC issues notice in Koshyari’s plea against summoning order
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The Delhi High Court on Friday issued a notice on a plea moved by former Maharashtra Governor Bhagat Singh Koshyari, seeking quashing of a summoning order issued by a magisterial court in 2017 criminal defamation case.
A single judge bench of Justice Dinesh Kumar Sharma issued the notice on the plea, which also sought stay of trial court proceedings, to the complainant-respondent S P Gupta and listed the matter for hearing in October. The HC said: “Petitioner may appear through counsel before the learned trial court till next date of hearing.”
Appearing for Koshyari, senior advocate Mohit Mathur submitted that there had been “gross abuse of the process of law”. He said the order dated March 24 was passed without “jurisdiction” as the present matter was required to be entertained by the “designated court which entertains cases of former or sitting MPs, MLAs”.
Drawing the court’s attention to the order wherein the respondent had alleged that Koshyari had written a letter making “defamatory statements” against him, Mathur said “letter on the basis of which the defamation has been alleged was not even signed by the petitioner or anyone”.
Mathur argued that the respondent in this case, “malafidely kept the complaint pending” till the petitioner was holding the office of Governor and only after he demitted office the present complaint was pressed before the trial court.
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