Delhi High Court: In an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) filed by Santanu Sinha, a Rashtriya Swayamsevak Sangh (‘RSS’) member, who was being prosecuted for criminal defamation against Amit Malviya (‘respondent 2’), a BJP politician, President of I.T. Cell, Co-In charge of West Bengal Chapter, regarding a Facebook post, seeking direction against respondent 2 to comply with and abide by his undertaking as recorded in order dated 03-03-2025, a Single Judge Bench of Anup Jairam Bhambhani, J., directs respondent to remain bound by undertaking and not to press complaint in Amit Malviya defamation case after Facebook posts were taken down.
In the course of earlier proceedings, the petitioner had given an undertaking to take down Facebook posts dated 07-06-2024, 30-08-2024 and 04-09-2024 concerning respondent 2, “in order to put a quietus to the dispute.”
The Court, vide order dated 03-03-2025, after considering Malviya’s undertaking that he shall seek an adjournment in the complaint case before the Trial Court and request the Trial Court for adjournment till after a hearing in the present petition for quashing the proceedings, disposed of the plea for early hearing. The Court also recorded the submission on behalf of Malviya that they had verified that all three Facebook posts had been taken down.
Despite giving an undertaking, the petitioner contended that Malviya was pressing the criminal complaint, as reflected in the trial court’s order dated 25-09-2025 noting that “there is no stay on the present proceedings.”
On the other hand, Malviya submitted that after taking down the three posts, the petitioner had put out a fourth Facebook post, dated 30-08-2025, which was alleged to be derogatory. However, the petitioner disputed the correctness of the translation and denied that the post was derogatory.
Court noted that the matter arises from a criminal complaint alleging defamation under section 356 of the Bharatiya Nyaya Sanhita, 2023 (BNS), and that the State has no role in the dispute.
The Court issued the notice with direction to file replies and rejoinders within the stipulated time. The Court directed Malviya to remain bound by the undertaking given earlier. The Court directed the petitioner to file what according to him is the true English translation of the Facebook post, dated 30-08-2025. Replies and rejoinders were directed to be filed within the stipulated time. The Court fixed the next date of hearing on 19-03-2026.
[Santanu Sinha v. State (NCT of Delhi), W.P.(CRL) 3616/2024, Decided on 16-01-2026]
Advocates who appeared in this case :
Mr. Swarnendu Chatterjee, Ms. Amrita Sarkar, Mr. Yashwardhan Singh, Mr. Amit Haldar, Mr. Amit Kumar Roy, Ms. Harshita Rawat and Mr. Alli Abbas Masoodi, Counsel for the Petitioner
Mr. Amol Sinha, ASC, Counsel for the Respondent 1/State
Mr. Siddharth Dutta, Mr. Pratyush Singh and Mr. Kardarp Raj Dipankar, Counsel for the Respondent 2