NEW DELHI: A sessions court has dismissed the plea by two Delhi Bharatiya Janata Party (BJP) leaders Vijender Gupta and Kapil Mishra challenging magistrate order in a criminal defamation complaint filed by Environment Minister Imran Hussain for allegedly leveling false allegations against him in tree felling permission matter.
The court on Monday upheld the magistrate order which had ordered the framing of notice against Delhi BJP leaders after noting that there is no illegality and impropriety in the magistrate court's order.
While passed the order, Additional Sessions Judge MK Nagpal said, "It is held that the order dated November 9, 2020 passed by the ACMM (Additional Chief Metropolitan Magistrate) and the notice of accusation dated November 18, 2020 served upon the petitioners by ACMM... are perfectly correct and legal. As a result thereof, both these revisions petitions are being dismissed on the ground of maintainability as well as on merits."
Earlier, Additional Chief Metropolitan Magistrate (ACMM) Harvinder Singh ordered of framing of charges against them and stated that "the notice for offence punishable under Section 500 IPC read with Section 34 IPC needs to be put against all three accused persons."
The Court had found the charges correct against three Delhi BJP leaders Vijender Gupta, Kapil Mishra and Maninder Singh Sirsa in the matter and out of these three leaders Vijender Gupta and Kapil Mishra had approched the sessions court challenging the order.
The complainant, Imran Hussain had filed the case against these three Delhi BJP leader for allegedly leveling false allegations against him in tree felling permission matter. Hussain claimed his reputation was lowered in society by the use of such remarks by the respondents.
Advocate BS Joon and Mohd Irshad represented Minister Imran Hussain in the matter.
Vijendra Gupta and other leaders had levelled allegation that the minister had recieved Rs 23 crore for compensatory plantation for felling of trees under some colony redevelopment project but did nothing.
Imran Hussain had filed the case under sections 499/500 IPC (Defamation). Before filing the complaint in the court, Imran Hussain had sent a legal notice to these individuals.