Gandhi’s lawyer advocate Sudeep Pasbola referred to Section 199(2) of the Code of Criminal Procedure (CrPC).
The provision prescribes that a sessions court is required to take cognizance of an offence where the offence is alleged against a public servant in respect of a conduct in the discharge of his public functions.
He argued in view of this provision, there was a legal bar on the complainant Mahesh Shrishrimal against filing a complaint.
Pasbola also argued that as per explanation 2 under Section 499 of the Indian Penal Code, a political party is not identified as group of persons eligible to file a defamation plea.
He added that in view of this, Shrishrimal could not have filed a complaint in a representative capacity.
Therefore, Pasbola prayed for quashing of the order of the Magistrate.
Source: Barandbench
