In a setback to Union Minister Babul Supriyo, a court here has refused to allow the Delhi Police to conduct investigation into the complaint lodged by him accusing the editor of a Facebook page of defaming him by allegedly circulating fake news.
The trial court in its order on Thursday said that neither the requisite sanction was obtained as required under law, nor the complaint was filed before the court of magistrate by the politician himself. It also termed the application as "premature".
"At the very outset, it is relevant to mention Section 199 (4) of the CrPC as per which the complaint in case of defamation against a sitting minister needs to be filed by the public prosecutor after taking due sanction from the appropriate government.
"In case the aggrieved person wants to litigate in his individual capacity then as per Section 199 CrPC the complaint case under section 200 CrPC has to be filed before the Court of Magistrate and after conducting inquiry u/s 200 CrPC if the Magistrate finds it proper he may order the investigation u/s 202 CrPC," Metropolitan Magistrate Ashwani Panwar said.
The judge further said, "Admittedly, in the present case, neither the sanction is obtained nor any complaint u/s 200 CrPC has been preferred by the aggrieved Minister/person. Accordingly, application is premature and thereby disposed off."
According to the police application, a complaint was made by Supriyo, in Cyber Crime Unit of Special Cell, Delhi, in which he alleged that one Anindo Choudhari, editor of Facebook page namely "Nirbhik Uttor" was spreading fake information to tarnish his image and image of other prominent politicians of various political parties regularly.
"He further alleged that in May 2020, the editor deliberately uploaded various baseless videos targeted him and other politicians, by spreading fake incidents/news to defame him and other politicians," police told the court.
The probe agency said that the matter required investigation to unearth the real facts. "Therefore, it is requested that kindly allow to investigate the above said non cognizable offence in the interest of justice please," the police urged the court which declined to allow it to conduct the probe.