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Delhi's Rouse Avenue court on Thursday dismissed a defamation complaint against former Maharashtra Governor Bhagat Singh Koshyari after the complainant's death. The court also acquitted Congress leader Rashid Alvi along with the other accused.
Additional Chief Judicial Magistrate (ACJM) Paras Dalal dismissed the complaint against Bhagat Singh Koshyari and three others. One accused Prabhat Singh Chauhan has already died. The court dismissed the complaint after the death of the complainant, SP Gupta, Managing Director of M/s Sunair Hotels Ltd. The court also dismissed an application moved by three legal heirs finding it without any merit. "The application filed by the three legal heirs is thus maintainable in law, however without merits and therefore rejected and disposed of," ACJM Paras Dalal ordered on February 20. On the other the court allowed the application moved by Koshyari and Alvi seeking their acquittal. "The application filed by accused Bhagat Singh Koshyari and accused Rashid Alvi for acquittal is allowed and disposed of. Since the complainant has since deceased and there is no aggrieved person to continue prosecution of the present complaint, the accused Rajesh Verma is also acquitted," the court said in the order. Koshyari was accused of making false statements alleging Gupta's involvement in scams. However, he was granted an exemption from personal appearance by the Delhi High Court. An application was filed on Koshyari's behalf for dismissal of the case. Advocate Akhilesh Singh Rawat and Rohini Rana appeared for Koshyari and argued that the complainant's legal heir could not be substituted after his death. The court had taken Cognizance in the matter on 26.07.2017. The court had summoned all 4 accused persons and the respondent company was not summoned on 24.03.2023. All accused had challenged the summoning Order before the Delhi High Court and were granted exemption from personal appearance before this Court through their respective counsels. Koshyari and Alvi had filed two separate but similar applications for passing an order on abatement of the present complaint as well as consequent acquittal of them on account of the death of the complainant on 29.09.2024. The complainant side appeared on the notice and accepted the factum of the death of the complainant. The complainant side had also filed their application for the substitution of the legal heir of the complainant to continue the present complaint. The complainant is stated to have been survived by three legal heirs i.e. widow and two sons, of which the younger son has opted to represent the complainant to continue with the present complaint. A Notice on this application was issued to all accused persons. Koshyari and Alvi advanced their own arguments on the three applications. While dismissing the application moved by the legal heirs, the court held that it is of the decision that in a complaint case where the complainant has died, the discretion is with the Court to substitute any person aggrieved of the offence in appropriate cases. "In the facts at hand, the application by legal heirs of the complainant is maintainable under Section 256(2) read with Section 302 CrPC. The said application however requires that the legal heir seeking permission to continue prosecution shall prima facie establish that he/she is the aggrieved person," the court said. The court held, " In the facts at hand, neither the original complaint nor the application of the legal heirs of the deceased complainant show that they are 'aggrieved person' of the offence of alleged defamation." (ANI)
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