Delhi High Court seeks response from former governor Bhagat Singh Koshyari and others in SP Gupta defamation case - World News Network

New Delhi [India], May 28 (ANI): Delhi High Court sought a response from former Maharashtra Governor Bhagat Singh Koshyari and others in a leave to appeal in a defamation case
The trial court acquitted Koshiyari, Congress leader Rashid Alvi and others in February 2025 as the complainant had died.
Now, the legal heir has moved to the High Court. At the outset, the counsel for respondents said the substitution of the complainant is not permissible in a defamation case. On this ground, the respondents were acquitted.
Therefore, the appeal first has to pass the test of whether it can be filed by a person other than the person aggrieved. Justice Ravinder Dudeja sought a reply on the leave to appeal within four weeks. The matter was listed in October.
Advocate Akhilesh Singh Rawat appeared for Bhagat Singh Koshiyari. The legal heirs of S P Gupta, who had filed a defamation case against Koshiyari and others, have filed the plea.
The Rouse Avenue court dismissed a Defamation Complaint after the death of S.P. Gupta, Managing Director of M/s Sunair Hotels Ltd, on February 20, 2025.
Additional Chief Judicial Magistrate (ACJM) Paras Dalal dismissed the complaint against Bhagat Singh Koshyari, Rashid Alvi and two others. One of the accused, Prabhat Singh Chauhan, has already died.
The court had also dismissed an application made by three legal heirs. On the other hand, the court had allowed the application made by Koshyari and Alvi seeking their acquittal.
“The application filed by accused Bhagat Singh Koshyari and accused Rashid Alvi for acquittal is allowed and disposed off. Since the complainant has since deceased and there is no aggrieved person to continue prosecution of the present complaint, the accused Rajesh Verma is also acquitted,” the court said in the order on February 20.
Koshyari was accused of making false statements alleging Gupta’s involvement in scams. However, the Delhi High Court exempted him from personal appearance.
Koshyari’s counsel filed an application for dismissal of the case. He argued that the complainant’s legal heir could not be substituted after his death.
The court took cognisance of the matter on July 26, 2017. The court had summoned all four accused persons, andthe respondent company was not summoned on March 24, 2023.
All accused had challenged the summoning Order before the Delhi High Court and were granted exemption from personal appearance before this Court through their respective counsels.
Koshyari and Alvi had filed two separate but similar applications for passing an Order on abatement of the present complaint as well as consequent acquittal of their on account of the death of the complainant on 29.09.2024.
The complainant is stated to have been survived by three legal heirs, a widow and two sons, of whom the younger son opted to represent the complainant to continue with the present complaint.
While dismissing the application moved by the legal heirs, the court held that in a criminal case where the complainant has died, the discretion is with the Court to substitute any person aggrieved of the offence in appropriate cases.
“In the facts at hand, the application by legal heirs of the complainant is maintainable under Section 256(2) read with Section 302 CrPC. The said application, however, requires that the legal heir seeking permission to continue prosecution shall prima facie establish that he/she is aggrieved,” the court said. (ANI)

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