Hon’ble Patna High Court has stayed a defamation proceeding before Additional Chief Judicial Magistrate-II, Hajipur, filed against M/s. Juggernaut Books Private Limited for publishing a book titled “Godman to Tycoon: The untold story of Baba Ramdev” by one Mr. Amit Kumar.
A Single judge bench comprising of Hon’ble Justice Ashwani Kumar Singh took note of the assertions made by the petitioner’s advocate that firstly according to section 199(1) of the Code of Criminal Procedure a complaint for defamation is only maintainable when filed by the aggrieved person himself, which is not the case here, wherein one Mr. Amit Kumar has filed a complaint for defamation in his persona capacity alleging defamation of another person i.e. Baba Ramdev. Therefore, the court could not have taken cognizance of it, secondly according to section 196(1)(a) of the Code of Criminal Proceeding it is mandatory to take a previous sanction from either Central Government or State Government before taking cognizance of an offence under section 295A of the Indian Penal Code, which is also not the case here, wherein Hon’ble Magistrate has taken cognizance of an offence under section 295A in absence of any previous sanction from the Central or State Government.
While concluding the order, Hon’ble High Court ordered to issue a notice to the defendant no. 2 i.e. Mr. Amit Kumar and meanwhile the proceedings before Hon’ble Additional Chief Judicial Magistrate-II, Hajipur is stayed.
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