'Charasi Ganjedi' Tweet| MP High Court Rejects KRK's Plea To Quash Defamation Case Filed By Manoj Bajpayee

The Madhya Pradesh High Court has rejected the plea filed by Actor Kamal Rashid Khan ('KRK') seeking to quash the Criminal Defamation case filed by Actor Manoj Bajpayee over an alleged tweet of KRK calling Bajpayee a 'Charasi Ganjedi'

Denying relief to Khan, the bench of Justice Satyendra Kumar Singh prima facie observed that addressing Bajpayee, who is an actor, as 'charasi ganjedi' was sufficient to harm his image and reputation.

"From perusal of the language of the aforesaid disputed tweets which are said to be twitted by the applicant, prima-facie, it is apparent that addressing someone as 'charasi ganjedi', is sufficient to harm the image and reputation of a person like respondent who is admittedly an actor in the film industry. Calling/addressing someone 'charasi ganjedi' cannot be equated with the illustration 'D' of 6th exception to Section 499 of IPC, as argued by learned counsel for the applicant," the Court observed.

The case in brief

Bajpayee filed a criminal complaint u/s 200 of CrPC against Khan for offence allegedly committed u/S 499 and 500. It was his submission that Khan, using his two Twitter handles i.e. (KRK BOXOFFICE" & KRK@kamaalRK), with the intent to defame and harm his reputation, tweeted two defamatory tweets on July 26, 2021, calling him as "Charsi Ganjedi".

The Court took cognizance of the criminal complaint (u/s 204 CrPC) registering offense u/s 500 of IPC against Khan. Challenging the order of the Indore Court, Khan moved the High Court arguing that the Twitter handle from which the tweets in question were made, had been sold by him on October 22, 2020, and, therefore, he cannot be held liable for the tweets posted from that handle.

On the other hand, Bajpayee's counsel argued that the declaration by which Khan's Twitter handle namely KRK BOXOFFICE was said to be sold cannot be considered at this stage.

It was further submitted that whether words used in the Tweets were written to malign the reputation of the respondent or not, was a matter of evidence and cannot be decided at this stage and therefore, the petition being devoid of merit should be rejected.

High Court's observations

At the outset, the Court noted that Khan had nowhere stated in the plea that the Twitter handles namely " KRK BOXOFFICE" & KRK@kamalRK" were not owned and used by him.

Further, the Court observed that the issue of whether the Twitter handle was sold prior to 26.07.2021 (when the alleged tweet was made) is a matter of evidence and hence, the Court added, prima-facie this fact was established that at the time of the incident, both the above Twitter handles were used by the applicant.

Importantly, the Court also rejected the argument of the Counsel for KRK that Calling/addressing someone 'charasi ganjedi' could be equated with the illustration 'D' of 6th exception to Section 499 of IPC.

"Forming an opinion about a book or anything else is entirely different from making personal remarks on character of a person. In the instant case, tweets in question by and large pointing towards the character of respondent. However, the same were tweeted with an intent to malign the reputation of respondent or not is a matter of 5 M.Cr.C. No. 48819/2022 evidence which cannot decided by this Court by invoking the inherent powers vested u/S 482 of CrPC," the Court added.

Consequently, finding no fault with the Court's order taking cognizance u/S 204 of Cr.P.C. and registering offence u/S 500 of IPC against the applicant, the Court dismissed KRK's plea.

Case title - KAMAL R. KHAN vs. MANOJ VAJPAYEE [MISC. CRIMINAL CASE No. 48819 of 2022]

Case Citation: 2022 LiveLaw (MP) 285

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