"The complainant has a liberty to prove the case beyond reasonable doubt at a stage subsequent to framing of notice in a summons triable case. In this case, prima facie offence under Section 500 (punishment for defamation) IPC is made out against the accused," metropolitan magistrate Namrita Aggarwal said while fixing the matter for July 22 for formally framing of charges.
The court also called the contention of Gupta's counsel that no case is made out against the BJP leader as the editor, publisher or the reporter of the referred newspapers have not been examined premature. The magistrate also directed Gupta to personally appear in the court on the next date of hearing.
The court had on May 15 reserved its order on whether to frame charges against Gupta when Dikshit had also appeared before it.
The CM had filed the case against Gupta, alleging the BJP leader had used "uncivilized" language against her in the run-up to the corporation polls in 2012. Her counsel had argued that she would withdraw the complaint if the accused makes a statement that the defamatory words published in the newspapers were not stated by him.
The court said, "However, no reply in this regard had come from the accused. There is no material to assume that the news report was not given by the accused or that it was the creation of someone else."
Gupta has already moved Delhi high court to quash the proceedings against him.
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