Delhi court declines police's request to probe defamatory posts against prominent politicians

New Delhi [India], July 3 : A Delhi court has declined a request of Delhi Police's Special Cell seeking permission for conducting an investigation into the alleged fake news circulated to tarnish the image of prominent politicians.
Union Minister of State for the Ministry of Environment, Babul Supriyo, had made a complaint against one Anindo Chaudhari, editor of a Facebook page namely 'Nirbhik Uttor' for allegedly spreading fake news to tarnish the image of the minister and other political leaders.
The Special Cell of Delhi Police had lodged a non-cognizable report (NCR) on the basis of the complaint and sought to initiate a probe.
Metropolitan Magistrate Ashwani Panwar, while refusing to grant permission to Delhi Police on Thursday, said that application is premature, and in the present case neither the sanction is obtained nor any complaint has been preferred by the aggrieved minister/person.
In case the aggrieved person wants to litigate in his individual capacity, then as per Section 199 of the Code of Criminal Procedure (CrPC), the complaint case under Section 200 has to be filed before the court of the magistrate and after conducting an inquiry, if the magistrate finds it proper he may order the investigation.
The court further observed that if the aggrieved person wishes to litigate in his individual capacity then as per Section 199 of CrPC, a complaint case has to be filed before the concerned court of the magistrate, upon which magistrate may direct investigation after conducting an enquiry into the allegations.
However, it is clarified that in case the complaint discloses any cognizable offence, the Station House Officer (SHO) concerned is at liberty to take appropriate action as per law.