MEDHA PATKAR vs V K SAXENA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: July 17, 2025 Pronounced on: July 29, 2025 + CRL.M.C. 2103/2025, CRL.M.A.9402/2025 MEDHA PATKAR .....Petitioner Through: Mr. Abhimanue Shreshta with Ms. Sridevi Panikkar, V.K. SAXENA .....Respondent Through: Mr. Gajinder Kumar, Ms. Kiran Jai and Mr. Chandra Shekhar, Advs. CORAM: HON’BLE MS. JUSTICE SHALINDER KAUR JUDGMENT 1. The present petition under Article 227 of the Constitution of India has been filed challenging the Order dated 18.03.2025 passed by the Judicial Magistrate First Class („JMFC‟), South East District, Saket Courts, New Delhi, in Complaint Case No. 633718/2016 titled „Medha Patkar vs. V.K. Saxena’. By the said Order, the learned JMFC dismissed an application filed by the petitioner under Section 254(1) of the Code of Criminal Procedure, 1973 (“CrPC.”), seeking permission to examine an additional witness. FACTUAL MATRIX 2. The complaint in the said case was instituted on 15.12.2000, alleging that an advertisement published on 10.11.2000 in the Indian Express newspaper was defamatory in nature. The Signature Not Verified Digitally Signed CRL.M.C. 2103/2025 Page 1 of 19 By:RASHIM KAPOOR Signing Date:29.07.2025 18:27:19 petitioner/complainant named three accused persons, including the publisher and editor of the Indian Express newspaper, in addition to the respondent herein. The petitioner/complainant also filed a list of documents and proposed witnesses, including herself, the Circulation Manager (or his representative), Dr. Anoop Saraya, and such other persons. 3. As per the petitioner, cognizance of the complaint was taken by the learned Metropolitan Magistrate vide the Order dated 31.03.2000, and summons were issued to all three accused. Accused Nos. 2 and 3 subsequently approached this Court in