Allahabad High Court: In a case concerning a summoning order issued against two journalists in a defamation case filed by a lawyer, related to the alleged publication of a letter written by former BJP MP Brij Bhushan Sharan Singh to Uttar Pradesh Chief Minister Yogi Adityanath, the Single Judge Bench of Saurabh Lavania, J. held that the Special Chief Judicial Magistrate (Custom), Lucknow, had failed to consider all relevant aspects of the case, including the applicable legal principles, while passing the impugned order dated 10-04-2023.
Accordingly, the Court allowed the application and set aside the summoning order, remanding the matter back to the Magistrate for fresh consideration by way of a reasoned and speaking order.
A news item was published on 06-11-2022 in the newspaper titled “Sunday Views”, of which accused 1 was the owner, and accused 2, her husband, was the editor. The news item was based on two letters dated 25-09-2022, written by a Member of Parliament, Brij Bhushan Sharan Singh, addressed to the Chief Minister and the Chief Secretary of Uttar Pradesh.
In these letters, serious allegations were levelled against the complainant, a lawyer. It was stated, in essence, that an FIR had been lodged against the lawyer by one individual, alleging that he was a blackmailer. It was further stated that several criminal cases involving charges such as criminal conspiracy, extortion, intimidation, theft, and molestation were pending against him.
The Special CJM vide order dated 10-04-2023, passed in complaint case, summoned the accused persons to face trial under Sections 500, 501, and 502 of the Penal Code, 1860 (‘IPC’).
The Court observed that, considering the facts of the case, the judgments cited, and the prayer made in the present application, interference was warranted. In the Court’s view, the Magistrate had failed to consider all relevant aspects of the case, including the applicable legal principles, while passing the impugned summoning order dated 10-04-2023.
Accordingly, the application was allowed. The impugned order dated 10-04-2023, passed by the Special CJM was set aside.
The matter was remanded to the Magistrate concerned to pass a fresh, reasoned, and speaking order after duly considering all aspects of the case and the legal provisions referred to.
[Divya Srivastava v. State of UP, Application u/S 482 No. – 3075 of 2024, decided on 03-09-2025]
Advocates who appeared in this case:
Counsel for Applicant(s): Sachin Upadhyay, Shivendra S Singh Rathore
Counsel for Opposite Party(s): G.A., Pramod Kumar Shukla
Buy Penal Code, 1860 HERE
