The sessions court recently dismissed a defamation complaint filed by deputy commissioner of police Abhishek Trimukhe against Republic TV editor-in-chief Arnab Goswami, his wife and ARG Outlier Media Pvt. Ltd. The court helt that the complaint filed was not in confirmation with the law prescribed.
In an order released earlier this week, sessions judge Uday Padwal said Trimukhe’s complaint was not according to Section 199 of Criminal Procedure Code. As per the said law, the public prosecutor has to be the complainant, which was not so in Trimukhe’s case where he was listed as the complainant.
“The sanction to make a complaint is also given to the public prosecutor and not to Shri. Trimukhe. Therefore, the present complaint ought to have been made by the public prosecutor alone, which is not the case here,” the court observed while dismissing the complaint.
“He has the remedy to make a complaint before the competent magistrate. His filing the complaint even through the public prosecutor, however, would not confer any jurisdiction on this court to take cognizance of the alleged offence,” court said.
In his complaint filed on February 2, Trimukhe claimed that Goswami made several defamatory statements against him during a panel discussion pertaining to the phone records of actor Rhea Chakraborty, in connection with actor Sushant Singh Rajput’s death on June 14, 2020.