Case Note & Summary
The petitioner, Arvind Kejriwal, filed a Special Criminal Application under Article 226 of the Constitution of India and Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) seeking to quash the proceedings in Criminal Case No.29303 of 2023 pending before the 2nd Additional Chief Metropolitan Magistrate, Gheekanta, Ahmedabad, and the order dated 23.09.2023 passed by the Magistrate issuing summons, as well as the order dated 15.12.2025 passed by the Sessions Court, Ahmedabad, in Criminal Revision No.147 of 2025 dismissing his revision. The respondent no.2 had lodged a complaint against the petitioner alleging an offence punishable under Section 500 of the Indian Penal Code, 1860 (defamation). The petitioner contended that the Magistrate had issued summons without proper application of judicial mind, without recording reasons, and that the complaint did not disclose any prima facie case of defamation. The revisional court had upheld the Magistrate's order. The High Court, after hearing the parties, found that the Magistrate had acted mechanically and that the revisional court had failed to correct the error. The court held that the proceedings were an abuse of the process of law and quashed the complaint and all consequential proceedings. The court allowed the petition and set aside both the impugned orders.
Headnote
A) Criminal Procedure - Quashing of Complaint - Section 528 BNSS, Article 226 Constitution - Abuse of Process - The petitioner sought quashing of criminal proceedings for defamation under Section 500 IPC on grounds of procedural irregularities and non-application of mind by the Magistrate. The High Court held that the Magistrate had not properly applied judicial mind before issuing summons and that the revisional court had failed to correct this error. Consequently, the proceedings were quashed to prevent abuse of process. (Paras 1-12) B) Defamation - Section 500 IPC - Summons Procedure - Judicial Discretion - The complaint alleged defamation under Section 500 IPC. The High Court found that the Magistrate had issued summons without proper scrutiny of the complaint and without recording reasons for issuance. The court emphasized that the power to issue process must be exercised judiciously and not mechanically. (Paras 2-8) C) Criminal Revision - Scope of Revisional Powers - Section 397 CrPC - The revisional court had dismissed the revision against the order of issuance of summons. The High Court held that the revisional court erred in not examining the legality and propriety of the Magistrate's order, especially when the complaint lacked prima facie material. (Paras 9-12)
Issue of Consideration
Whether the proceedings in Criminal Case No.29303 of 2023 for offence under Section 500 IPC ought to be quashed due to procedural irregularities and lack of proper application of mind by the Magistrate.
Final Decision
The High Court allowed the petition, quashed the complaint in Criminal Case No.29303 of 2023 and set aside the orders dated 23.09.2023 and 15.12.2025.
Law Points
- Defamation
- Section 500 IPC
- Criminal Procedure
- Quashing of Complaint
- Judicial Discretion
- Summons Procedure
