Karnataka High Court Refuses To Quash Criminal Defamation Case Against Maneka Gandhi, But Stays Trial Court Summons For 2 Weeks

The Karnataka High Court has dismissed a petition filed by politician and former Union Minister Maneka Sanjay Gandhi, seeking to quash criminal defamation proceedings pending against her before the trial court based on a private complaint as well as summons issued to her. 

The case stems from a private complaint filed by one S.K. Mittal alleging offences under Sections 499 and 500 of the Indian Penal Code (IPC). The trial court initially dismissed the complaint on November 16, 2019. Challenging this decision, Mittal filed a criminal revision petition before the Sessions Court. Consequently, the dismissal order was set aside by the Sessions Court on 30.06.2025, and the matter was remitted to the trial court for fresh consideration.

Upon reconsideration, the trial court took cognizance of the matter and issued process. Aggrieved by this, Gandhi approached the High Court.

Gandhi's counsel argued that the Trial Court got carried away by the observations made by the Sessions Judge in Criminal Revision Petition and thus she had no efficacious remedy under Section 438 BNSS.

It was argued that the petitioner was justified in invoking the jurisdiction of the High Court as the petitioner approaching the same Court (Sessions Court) which has directed the Trial Court to consider the case afresh would be a futile exercise. 

Justice Anant Ramanath Hegde refused to quash the criminal proceedings initiated against the petitioner.

Addressing the petitioner's apprehension that the sessions court will not objectively consider her case, the High Court said, “Jurisdictional Sessions Court in the event of Revision Petition being filed by the petitioner/accused, shall take all aspects into consideration and pass appropriate orders in accordance with law.”

The Court added, “It is made clear the Court has to independently assess the merit of the order based on the contents of the complaint and the statements recorded and the documents if any, placed before the Trial Court.”

The court further said that the sessions court  shall not be influenced by the order dated 30.06.2025 (passed by the sessions court earlier). 

Accordingly, the High Court dismissed the criminal petition and stated that the time spent prosecuting the matter before the High Court would be excluded while computing the limitation period for filing a revision petition.

Further, considering that the petitioner is a senior citizen and a resident of Delhi, the Court stayed the operation of the summons order for two weeks to enable her to approach the sessions court.