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Group Captain (retd.) Vinod K Gandhi had allegedly circulated defamatory emails against Lt. Gen. (retd.) Raj Kadyan in connection with the agitation for One Rank One Pension of defence personnel
Rathee in his 2008 defamation case had alleged that he was shocked and deeply hurt by a news item published by The Indian Express under the title “Accused says he bribed ADGP, sought police protection”.
The Court also held that there was no bar on a magistrate to consider whether any of the Exceptions to Section 499 (defamation) of Indian Penal Code is attracted, at the stage the court proceeds to issue process.