IN THE HON’BLE COURT OF LD.

ADDITIONAL DISTRICT JUDGE,

PATIALA HOUSE COURT, NEW DELHI
ORIGINAL JURISDICTION
 CS No.                of 2020

IN THE MATTER OF:

Ajay Pal Sharma and  Anr                                                                   …Plaintiffs
Versus
Dipty Sharma                                  …Defendant 
 
       INDEX

S. NO. PARTICULARS PAGE NOS.

1.     Court Fee  

2.     Memo of Parties  

3.     Suit for Damages and Injunction along-with supporting  

Affidavit

4.     Application Under Order 39 Rule 1 And 2 Of The Civil  

Procedure Code, 1908 along-with supporting affidavit.

5.     Certificate by way of Affidavit under Section 65B of the

Indian Evidence Act, 1872

6.     List of Documents   

7.     Vakalatnama
  
FILED BY:

NAMAN JOSHI | TARUN SINGLA

ADVOCATE FOR THE PLAINTIFF
G-46, L.G.F,
Jangpura Extension
New Delhi – 110014
+91 9810057280
naman.joshi@CJSlegal.in

Date:  .4.2020
Place: New Delhi
  IN THE HON’BLE COURT OF LD. ADDITIONAL DISTRICT JUDGE,
PATIALA HOUSE COURT, NEW DELHI
ORIGINAL JURISDICTION
 CS No.                of 2020

IN THE MATTER OF:

Ajay Pal Sharma   and Anr                                                                  …
Plaintiffs
Versus
Dipty Sharma                       …Defendant 

Memo of Parties
Ajay Pal Sharma,
Resident of PHQ Guest House,
Prayagraj, Uttar Pradesh – 211001

Monah Sharma
_________________
__________________ ...Plaintiffs
                                      
Versus 

DiptySharma
R/o _________________ …Defendant
 
             
FILED BY:

NAMAN JOSHI | TARUN

SINGLA
ADVOCATE FOR THE PLAINTIFF
G-46, L.G.F,
Jangpura Extension
New Delhi – 110014
+91 9810057280
naman.joshi@CJSlegal.in

Date:  .4.2020
Place: New Delhi
  IN THE HON’BLE COURT OF LD. ADDITIONAL DISTRICT JUDGE,
PATIALA HOUSE COURT, NEW DELHI
ORIGINAL JURISDICTION
 CS No.                of 2020

IN THE MATTER OF:

Ajay Pal Sharma and Anr                                                                     …
Plaintiff
Versus
Dipty Sharma                       …Defendant 
 
SUIT FOR DAMAGES AND PERMANENT INJUNCTION AGAINST THE
DEFAMATORY REMARKS MADE BY THE DEFENDANT
 
Most Respectfully Showeth:

1. The present suit is being filed by the plaintiff Mr. Ajay Pal Sharma (“Plaintiff”)
seeking,inter alia, a permanent and mandatory injunction against the Defendant from
publishing false, malicious and defamatory statement about the Plaintiff and damages
towards the loss of reputation incurred due to tortious acts of the Defendant in
publishing false, malicious and defamatory material about the Plaintiff.

2. The Plaintiff, Dr. Ajay Pal Singh, a serving senior police officer holding the post of S
P Karmik, Police Headquarters in the Uttar Pradesh Police Department, Government
of Uttar Pradesh. The Plaintiff is an officer of the distinguished Indian Police Services
and is residing at PHQ Guest House, Prayagraj, Uttar Pradesh.

3. The Plaintiff has been discharging his duties in accordance with law. There has been
no instance of any wrongdoing or misconduct on part of the Plaintiff. The Plaintiff
has overseen strong action against criminal elements, has been responsible for
effective action against several gangs during his tenure. The Plaintiff, on account of
his high ethical values and impeccable character has enjoyed a very favorable
reputation among his senior officers, his peers and his friends and family.

4. The Plaintiff, Dr. Ajay Pal Singh, a serving senior police officer holding the post of in
the S P, PTC, Unnao, Uttar Pradesh Police Department, Government of Uttar
Pradesh. The Plaintiff is an officer of the distinguished Indian Police Services and is
residing at PTC, Unnao, Uttar Pradesh.

5. The Plaintiff, Mrs. ______ Sharma, wife of Dr. Ajay Pal Sharma, (WRITE INFO ABOUT
THE SECOND PLAINTIFF). Mrs. Monah Sharma has known Dr. Ajay Pal Sharma for
 past 15 years and they have been happily married to each other since 28 February,
2017.

Brief Description of the Defendants

1. The Defendant, Dipty Sharma, resident of J-2, Astha Apartment, Rajendra Nagar,
Sahibabad, Ghaziabad, Uttar Pradesh- 201005, is an opportunist and claims herself to
be a practicing advocate. However, the defendant has developed a personal grudge
against the Plaintiff herein. The Defendant is a big-time opportunist, poseur and
notorious swindler who claims to be a practicing advocate.

2. The Defendant has a long history of orchestrating loathsome flimflams against

public personalities on social media by employing chicanery to wheedle people into
believing her utopian yet fabricated anecdotes. The Defendant is a notorious con-
artist who survives on disseminating fictitious tales and slandering renowned men
and their wives to put herself in the public eye through various social media
platforms so as to serve her ulterior motive.

Subject Matter of the Suit

6. The Plaintiff has discovered that the Defendant has made derogatory, accusatory,
defamatory and fallacious statements about the Plaintiff through social media
platform like YouTube, an online video sharing platform. The Defendant had made
preposterous claims and concocted farcical anecdotes to breathe life into her
mendacious tale, going as far as claiming herself to be the alleged second wife of the
Plaintiff when in fact the Plaintiff is happily married with children[CONFIRM THIS].

7. That the plaintiff seeks to humbly request this esteemed court of justice to not just
prohibit but also castigate the Defendant in a manner that prevents her from
indulging in such histrionics, which remain devoid of a single shred of evidence
which could substantiate the false allegations of impropriety paraded by the
Defendant in her videos and posts against the Plaintiff and other similarly aggrieved
persons. In truth, the posts and the videos uploaded by the Defendant, brimming
with myriads of elisions, which are nothing but deliberate acts of subversion to
satisfy those viewers who unaware the facts. It would be a colossal mistake in the
wake of present trials to assume that the Defendant could not have tarnished the
reputation of the Plaintiffs so much so that it could have caused grave damages to
the social image of the Plaintiffs. Thousands of people have viewed these videos,
posts and images through social media platforms and television channel which
 scandalize information without verifying it, in order to hoist up their Target Rating
Points. The Plaintiff, Dr. Ajay Pal Sharma has also sued the television channel
company for drumming up the issue just to garner a few Target Rating Points at the
cost of the Plaintiff’s Reputation. Many have come to enquire the Plaintiffs
personally about the veracity of such claims. And many have already formed their
fallacious opinions as they neither have the opportunity nor the time to approach
the Plaintiffs personally to enquire the veracity of such videos, posts and images.
Being a public figure as well as a public servant, it is essential for the plaintiff to
maintain such status quo that promotes faith in the system and its governing bodies.
But when individuals like the Defendant who seek purpose and pleasure in traducing
public figures through their shenanigans, they not only end up tarnishing the
affected person’s reputation but also lead to eroding the faith that the public have in
the system.

8. That the videos, images and posts uploaded by the Defendant are devoid of any
plausible or substantial piece of evidence. The Defendant merely seeks to
prevaricate and falsely attribute impropriety, iniquity, corruption and immoral
conduct to the Plaintiff, Dr. Ajay Pal Sharma. Let alone truthfulness, the statements
made by the Defendant fail to attain mere verisimilitude and plausibility in so far as
one may even allow oneself to barely place any confidence in them. Furthermore, it
is not a herculean task to draw a conclusion contingent on perusal of the content of
such videos, images and other material as to how the Defendant, much to our
dismay, employs subterfuge against the Plaintiffs and other similarly aggrieved
people in order to garner public attention and eke out a settlement from the
Plaintiffs and similarly aggrieved people.

9. In furtherance of her malevolent ambitions, the Defendant has on many occasions

excogitated malign and specious content like fake wedding cards, collages wherein
she would put her pictures besides the pictures of the Plaintiff, Dr. Ajay Pal Sharma
and similarly aggrieved people to pose as an acquaintance. The Defendant has also
posted self-shot videos on YouTube wherein she has tirelessly berated and falsely
accused the Plaintiff, Dr. Ajay Pal Sharma and similarly aggrieved people in order to
publicly asperse their characters. These posts contains vituperative comments and
obnoxious images that would stir even the coldest of hearts. One such image
(attached as exhibit ‘A’) posted on 28th November, 2017. During those times the
Defendant’s target was Mr. A.Q. Vikka who denies any relationship or even mere
acquaintance with the Defendant. On one hand the Defendant has constantly
abused the protection of women rights, while on the other hand she has dispelled
such obnoxious and demeaning statements about other women, going as far as
calling one woman a harlot on public platform. The question arises whether women
 rights shall be allowed as a prerogative for such a human being who callously
transgresses and encroaches on the rights of her fellow women. And there have
been numerous such instances wherein the Defendant unleashed unnerving and
endless tirades based on the fabrications about other individuals along with Dr. Ajay
Pal Sharma and his wife. One such instance, wherein the Defendant posted a fake
wedding card on (NAME THE SOCIAL MEDIA PLATFORM) [the CARD is missing, find
and attach as exhibit], in order to instigate unrest in Mr. Raghvendhra (CHECK FOR
CORRECT NAME) personal life which led to further agony on his person. This along
with other such fake or defamatory posts, images and videos are attached herein as
exhibits which, in their own right, shall serve to corroborate the Plaintiff’s
asseveration.

10. That the Defendant has been habitually hurling calumnies at the Plaintiff, Dr. A.P.
Sharma which has led to direct repercussions in the lives of the people who are
related to him, especially, his wife, Mrs. Monah Sharma. Also the Plaintiff, Mrs.
Monah Sharma has faced personal as well as public attacks on her reputation due to
such unfounded and defamatory comments about her husband and her own self.

11. That the Defendant has, on many occasions on YouTube, posted immensely libelous
and defamatory videos wherein she falsely accused the Plaintiff of crimes of moral
turpitude like rape, murder, prostitution, corruption and fraud. Such allegations are
serious enough for any person let alone a serving police officer sworn to duty and to
the protection of society as a whole from people who actually indulge in aforesaid
crimes. A list enumerating the instances when such videos containing the spurious
invectives and vitriolic attacks were posted is produced below:

12. That the Plaintiff discovered that on 29th May, 2019, the Defendant had made the
following statements in a video which she had posted on YouTube through her
YouTube Account ID ‘Advocate Dipty Sharma’: 

a. “ …humaare beech kaafi time se shareerik sambandh hai”…. 2017 mei mujhe
ptachla ki unke parents ne unki shadi tay krdi hai.. toh maine unko bola ki ab
aap shaadi kar rahe ho…. toh unhone kaha ki “nahi, mai tum hi se pyaar karta
hu aur mai apni wife se shaadi nahi karna chahta hu lekin family pressure
mei main kar raha hu lekin mai jaldi hee (Aditi naam ki mahila, jo unki
tatkaaleen pehli patni hai) usko talaq de dunga, phir mai tumse shaadi kar
lunga.” Maine yahi bharose unko shaadi krne dia, lekin jab mujhe laga ki wo
khush hai ki nahi hai apni zindagi mei par shadishuda hai, mujhe laga mujhe
unke zindagi se door chale jaana chahiye, maine koshish bhi ki lekin Ajay Pal
Sharma ne mujhe apne se door jaane nahi dia aur lagataar mera shareerik aur
 maansik shoshan karte rahe” which when translated into English, means “we
have physical relationship from a long time ”… In 2017, I got to know that his
parents have fixed his marriage, so I asked him that now you are getting
married. He replied that “No, I love you and I don’t wish to marry my wife but
due to family pressure, I am being forced to marry. But soon, I shall divorce
her (fiancé named Aditi, who has been his first wife) and then I will marry
you”. I trusted him and which is why I let him marry. But when I realized that
since he is married now, it doesn’t matter whether he is happy or not with his
life. I realized that I should go away from his life. I even tried to do that but
Ajay Pal Sharma never let me go away and abused me physically and
mentally”

b. “Maine poocha Ajay se.. Ajay shaadi ho gayi hai, mai toh tumhaare saath reh
nahi paaungi mai apni zindagi ab aage dekhna chahti hu, mai tumhe chhodna
chahti hu” toh wo hamesha mujhe blackmail karte the, shaareerik shoshan aur
maansik shoshan karte the, yaatnaayein bhi dete the aur hamesha mujhe “mai
mar jaunga tumhaare bina” blackmailing iss tarah se unhone hamesha kia hai
mere saath” which when translated into English, means I asked Ajay that
“Ajay, you are married now. I can’t live with you anymore. Now, I want to
focus on my future. Then, he would always blackmail me and he used to
abuse me physically and mentally. He also blackmailed me by saying that “I
will die without you” and such things to blackmail me.

c. “Ye kayi baar maine unke mu se bhi suna tha ki kaise kaise wo jhoothe
encounter ki planning karte hain” which when translated into English, means
“Many times I have heard from him that he plans fake encounter killings”.

d. “Aur kayi dalaal unke saath jude hue hai ladkia supply karne me kayi logo ko
sangrakshak dete hai, kayi police karmion ko idhar se udhar posting dilate hai
wo.” which when translated into English, means “He maintains multiple
illegitimate relationships with many women and many pimps and middle men
are closely linked to him who are involved in flesh trade as well as getting
police officers posted”.

e. “Ajay Pal Sharma bahut bade womanizer hai, ek corrupt insaan hai, ek
andamkhor hai, bhediya hai bhedia , unse kisi ko bhi dar lag sakta hai,
psycho hai” which when translated into English, means “Ajay Pal Sharma is a
big time womanizer, a man-eater, a wolf, who is capable of instilling fear in
any person, he is a psycho.”

f. “sharirik aur mansik shoshan krte rahe” which when translated into English,
means “he kept abusing me physically and mentally”
13. That on 3rd June, 2019, the Defendant posted another video containing a diabolical
and insinuative tirade brimming with incongruity based almost on the same
preposterous and unfounded line of thought which the defendant had earlier used in
her video which she posted on 29th May, 2019. Such unfounded and reproachful
statements are as following:

a. “U.P. Cadre mein toh ye jbse aaya hai police ke naam pe dhabba hain isne
kaafi saare farzee encounters kiye hain jiska khulasa NHRC walon ne krna
shuru kr dia hai .. bht saare farzi encounter kiye hain aur ye sachchai hai
encounter bhi ye aise karta hai ki achche logon ko apne ghar se uthata hai
uske khilaf ek mukadma darj krta hai fir unko jail lejata hai fir wahan bht
saare mukadme darj krke usko bilkul jail se hardcore mujrim bnake hi bhejta
hai fir wo jab wo bahr aate hai bht naadan aur masum umar ke bchchon ko
ye target krta hai jb wo bhar aate hai jail ke toh fir wo jb ghar aate hai toh
unko bolta hai ki bhag jao police tumhe fir se arrest krne aa rhi hai aur jb ye
bhag jate hai bachche unko dimag mei darr betha deta hai bhag jate hai
bachche toh unko kahin encounter kar deta hai” which when translated to
English, means “Since he has joined U.P. Cadre, he has been a disgrace to
the police department and has been involved in illegal extrajudicial killings
(fake encounters) of innocent people which are now being uncovered by
NHRC.. He has done many fake encounter killings and this is truth.. Even the
modus operandi of the encounter is that he abducts good people from there
home and lodges a false case against them and send them in jail and lodges
multiple false cases against them and when those people are released from
jail they would have turned into hardened criminals... He targets innocent
people of young and tender age . When they are released and they come back
to their home then he asks them to run away as police is coming to arrest
them again. He instills fear in their minds.. When they run, then he encounters
them somewhere.”

b. “..Ajay Pal Sharma, IPS, U.P. Cadre 2011, mere piche buri tarah se pda hua
hai, Mujhe uske logo ne dhamki pehle di thi, uske baad wo log mujhe uthake
Ajay Pal Sharma ke paas le gaye. Kahan le gaye mujhe pata nahi. Lekin
mujhe maara, peeta aur dhamki dee ki main Ajay Pal Sharma khilaf awaz
buland na karu” which when translated to English, means “Ajay Pal Sharma,
IPS, U.P. Cadre 2011 is after my life, His men had threatened me and then
they abducted me and took me to Ajay Pal Sharma. I am unaware of the
place where I was taken hostage. I was physically assaulted and threatened to
stop raising my voice against Ajay Pal Sharma”.
c. “Wo mera mansik or shareerik shoshan hamesha krta rha hai” which when
translated to English, means “He has been abusing me mentally and
physically.”

d. “wo ek number ka apradhik mansik pravriti ka vikshedansaal hai darinda hai

darinda” which when translated to English, means “He is a top grade
barabarian of criminal tendency”

e. Uske kain aurto se najayaz sambandh hain, un aurto ka naam hai Sanam
Yadav, Mitali Chandola, Vandana Singh, Sadhna Pandit. Sadhna Pandit jo
hai mere piche buri tarah se pdi hui hai.. Sadhna Pandit wo mahila hai jisne
mere passport ke detail nikal liye the kyonki main videsh jane wali thi further
studies k liye..” which when translated into English, means “he has illicit
relationships with many women. The names of thise women are Sanam Yadav,
Mitali Chandola, Vandana Singh, Sadhna Pandit. Sadhna Pandit is after my
life and she is the lady who had illegally procured my passport details as I
was about to go abroad to pursue further education.”

f. “mere kapdho ko bhi jala diya” which when translated into English, means
“(He) has burnt even my clothes.”

g. “meri 2018, 2 August ko Ajay Pal Sharma se shadi hui thi. Main 2015 se Ajay
Pal Sharma ko jaanti hu” which when translated into English means “I got
married to Ajay Pal Sharma on 2 August 2018. I know him since 2015.”

h. “Mere mana karne ke bawajood who mere peeche pada raha” which when
translated into English means “He has been hounding me irrespective of the
fact that I refused to continue to see him”.

i. “2017 main jab Ajay Pal Sharma ki shadi uske parents ki wajah se hui thi, toh
usne mujhe kaha tha ki main tumse hi pyar krta hu, tumse hi shadi karna
chahta hu, yeh shadi zabardasti kee hain. Main jaldi talak de dunga apni wife
ko” which when translated into English means ”In 2017, when his marriage
was performed because of his parents, he had promised me that “I love you
only, want to marry you only and stated that he has been forced for this
married and will divorce his wife”.

j. “Isne mereko wadah kia tha ki yeh social marriage karega, apni biwi ki talaq
deke. Aur isne social marriage na karke mujhse mandir main marriage kia.
Uske bawjood bhi maine isko boli ki mujhse shadi kro publically main aisa
jeevan dohra nahi jee sakti hu. Jahan main isko chodna chah rahi thi 2018
mein, toh usi doraan ye mujhse jo hai 2 August, 2018 ko mandir mei apne se
 hi sab kuch arrange karke mujhse khud bulakar shadi kia hai” which when
translated into English means “He promised to divorce his wife and marry me
socially. While I was trying to get rid of him, he organized a marriage
ceremony in a temple on 2nd August, 2018 to get married with me. Instead of
marrying me socially, he married me in a temple. After which I asked him to
marry me socially since I was unable to live a married life which was
consummated on some farcical grounds”.

k. “Uske kai mahilaon se sambandh hain” which when translated to English

means “he has relations (illicit) with many women”.
14. That the Plaintiff discovered that on 1st August, 2019, the Defendant made the
following defamatory statements in another video with the same account ID she had
posted earlier on YouTube, an online video-sharing platform:

a. “nahi apnaega toh rape ke case mei toh andar jaega hi jaega” which when
translated into English, means “If he would not accept me then would
certainly go to jail for rape case.”

b. “unhone kuch aadesh diye the apni team ko jiske tehat uske rapist ke par mei
goli mar kar usko saza di gyi thi” which when translated into English, means
“He instructed his team to shoot on the rapist’s leg”

c. “SP Rampur Ajay Pal Sharma toh khud ek rapist hai.. unko kaun goli mare
unke per mei kaun goli maare” which when translated into English, means
“SP Rampur Ajay Pal Sharma himself is a rapist, who would shoot him, who
would shoot on his leg”

d. “jo saari duniya ko kehta hai ki main mahilaon ki izzat karta hu..Kaise izaat
karta hu unka rape karke? Unko badnaam krke?,unko aisi paristhiti mei laake
itni uski zindagi durbhar krke wo izzat krte hain mahilaon ki” which when
translated into English, means “That person who says to the whole world that
he respect women, how does he respect them? By raping them?. By defaming
them? By putting her into such a condition and making her life miserable”.

e. “inhone mera rape kiya hai mentally and physically and financially” which
when translated into English, means “He has raped me mentally and
physically and financially”.

f. “..mera rape kiya, sajish ki mere piche, mere parivaar ko pareshan kiya, mujhe
pareshan kiya mujhe financially toda, mentally toda, physically toda.” which
when translated into English, means “raped me, conspired against me, caused
 agony to my family, caused agony to myself, rendered me financially broken,
mentally broken, physically broken”.

g. “Mera apaharan tak kar liya, mere maa baap ko zevar noida k expressway mei
toll plaza mei unhone maara pita Ghaziabad k Police ne” which when
translated into English, means “even abducted me and Ghaziabad Police
physically assaulted my mother and father at Zevar Noida Expressway Toll
Plaza”

h. “Ya toh aap sharaft se bivi ka haq de dijiye pure samaj ke samne izzat se aap
aapnaiye varna sazaa bhugatne ke liye aap taiyar rahiye” which when
translated into English, means “Either you grant me the rights of a wife and
accept me publicly or prepare yourself to be punished.”

i. “Mera toh Double baar rape hua hai.. 2017 tak jab Ajay Pal ki pehli shadi nhi
hui thi tb tk Ajay Pal ne mera rape kiya, shadi hone k baad bhi usne rape kia
hai” which when translated into English, means “I have been raped twice.. Till
2017, when the first marriage of Ajay Pal was not performed, Ajay Pal has
raped me.. After the marriage again he raped me”.

j. “Tumhari itni mahilao ke sath sambandh hai” which when translated into
English, means “You have illegitimate relationships with multiple women”

k. “Samajik shadi tum kr nhi skte ho kyunki tumhe dahej chahiye hoga mota jo
mere samajh mei aaya hai..kyunki tum jante ho ki main bahut achche parivar
ki ldki hu”which when translated into English, means “You cannot perform
social marriage because you would be needing heavy dowry.. as far as I have
understood because you know that I belong to a very noble family”

l. “tab tak tum mereko socially accept nhi kroge jab tak tumhe mota dahej nahi
mil jata” which when translated into English, means “You won’t accept me
socially until you get a huge dowry”.

m. “Tumhari tarh charcterless duniya mei koi ho nahi sakta” which when
translated into English, means “No one can be as characterless in this world
as you are”.
 

15. That the Plaintiff discovered that on 7th August, 2019, the Defendant uploaded
another video wherein she made additional spurious statements about the Plaintiff,
falsely accusing the Plaintiff of receiving illegal gratification in the form of money
and allegedly assaulting her person with some liquid substance.
16. That it is apparent that the above statements (hereinafter referred collectively as “said
Impugned Defamatory Statements”) published by the Defendant are defamatory
and make insinuations and judgments on the Plaintiff’s life and character.

17. It is pertinent to note that the Defendant has not adduced a single shred of evidence to
substantiate her alleged claims of false marriage and alleged physical or mental
torment that she allegedly had to withstand. Defendant’s mendacious tale of alleged
agony contains serious contradictions and lacunas which renders her pseudo-
allegations entirely spurious. It is not much to consider if one may find the veracity of
the defendant’s claims questionable on the reasons such as the Defendant has not
produced any photographs or videos of her and the Plaintiff from anytime
whatsoever.
 
18. Hence, it is evident that the aforementioned defamatory statements have been
deliberately published by the Defendant in order to cause defamation to the Plaintiff,
eke out a settlement and to serve certain ulterior motives which presently remain
obscure.

19. It is submitted that the said Impugned Defamatory Statements, emanating in the
backdrop of the antecedents of the Defendant, are per-se unfounded, unjustified, false
and untenable. Prima facie the Defendant has published the same with an intention to
harm the reputation and integrity of the Plaintiff. By the said Impugned Defamatory
Statements, the image of the Plaintiff is sought to be tarnished before the public
thereby causing harm to the Plaintiff, both personally and professionally. At the cost
of reiteration, the Plaintiff submits that the said Impugned Defamatory Statements,
vilifying the Plaintiff, are detrimental to his reputation in professional as well as
personal sphere.

20. That the Plaintiff takes strong objection to the said Impugned Defamatory Statements
inasmuch as they have damaged the image of the Plaintiff and his family in the eyes
of the general public, his friends, acquaintances and professional colleagues and it is
humbly submitted by the Plaintiff that such imputations, which by itself harm his
reputation are per se defamatory and actionable. The said Impugned Defamatory
Statements are bound to create feelings of distrust and ridicule in the minds of the
recipient / readers. The Plaintiff’s moral and professional status has been inevitably
affected by the said Impugned Defamatory Statements.
 
21. That the mode of publication (i.e. the social media platforms) of the said Impugned
Defamatory Statements adopted by the Defendant play a significant role in the life of
a common person and are widely used. Any wild and serious allegations, like in the
nature of those made by the Defendant, published on social media can impact the
 minds of the readers / viewers / audience and influence their mindset and attitude
towards the accused. That the wild accusations made by the Plaintiff in the Impugned
Defamatory Statements will leave an impact on the minds of viewers that the Plaintiff
committed wrongs which is wholly untrue and without basis. 
 
22. The Plaintiff recognizes that there is a freedom of speech and expression under the
Constitution of India which is enjoyed by all citizens. However, these are not absolute
rights and must be balanced against other fundamental rights as well as the rights of
other citizens. Furthermore, since the accusations leveled against the Plaintiff are
serious, the risk of an unfair investigation or unfair trial must to be mitigated in case
the Plaintiff is dragged into any frivolous litigation arising from aforementioned
defamatory and preposterous claims made by the Defendant. Further, by their very
nature, the unfounded and baseless allegations hurt the Plaintiff’s career on a daily
basis. It is not an esoteric truth as to how colossal the intrinsic power of words is,
especially when one seeks to galvanize the minds of masses into a social ferment to
meet the ends one so desires. And which is why the founding fathers of our great
nation bestowed upon us the inalienable and fundamental right to speak and be heard.
Yet, as much as they believed in such a cardinal element of human rights, they also
borne in their minds the co-equal necessity of one’s right to privacy which if
undermined, would render our society no different from that of any other
underdeveloped and ill-functioning society. In such egalitarian light, the Plaintiffs
seek indulgence of this esteemed court of justice towards the sheer agony and
irreversible plight faced by the Plaintiff due to the malevolent acts of the Defendant.
 
23. While the Plaintiff is assured in the knowledge that courts discharge their duty in a
free and fair manner and are not affected by statements made by individuals,
nonetheless publication of the said Impugned Defamatory Statements by the
Defendant, who is also the Complainant in the criminal case pending against the
Plaintiff, are likely to prejudice the outcome of any eventual trial against the Plaintiff.
Apart from the prejudicial effect on any eventual investigation and trial, said
Impugned Defamatory Statements are prima facie defamatory of the Plaintiff and will
most certainly lower the Plaintiff’s reputation in society at large. As such the
Plaintiff’s right to privacy and reputation, both by-products of his right to life and
liberty, are to be given primacy over any alleged exposition of the Defendants’ right
to freedom of speech.
 
24. The Plaintiff has suffered immensely and has undergone severe mental suffering and
agony along-with loss to his reputation. The Defendants collectively have maligned
the name of the Plaintiff inasmuch as the Plaintiff has received multiple calls as well
as has been asked in person by various people about the veracity of the said Impugned
Defamatory Statements published against him by the Defendant.
 
25. That the Hon’ble Supreme Court of India, in Writ Petition (Crl) No. 126/2019 and
other connected petitions, vide order dated 29.07.2019, was pleased to issue notice in
a Writ Petition seeking protection of identity of the persons accused in sexual crimes
and the said matter remains pending before the Hon’ble Supreme Court.
 
26. That it is a settled position of law that a person accused of any crime is presumed
innocent until proven guilty. Further, even the Accused, being a citizen of India, is
entitled to his constitutional rights under Article 21 of the Constitution of India,
which encompasses the right to protection from damage to reputation and identity.
 
27. That in the case of Subramaniam Swamy vs. Union of India, Ministry of Law
&Ors., (2016) 7 SCC 221, it has been observed by the Hon’ble Supreme Court that:
-      
“127. In Charu Khurana and others v. Union of India and others, it has been ruled
that dignity is the quintessential quality of a personality, for it is a highly cherished
value. Thus perceived, right to honour, dignity and reputation are the basic
constituents of right under Article 21.Submission of the learned counsel for the
petitioners is that reputation as an aspect of Article 21 is always available against
the highhanded action of the State. To state that such right can be impinged and
remains unprotected inter se private disputes pertaining to reputation would not be
correct. Neither can this right be overridden and blotched notwithstanding malice,
vile and venal attack to tarnish and destroy the reputation of another by stating that
the same curbs and puts unreasonable restriction on the freedom of speech and
expression.”
 
Cause of Action and Limitation
28. The cause of action to institute the present suit arose on:
I. 29.5.2019, when the Defendant published defamatory statements on YouTube;
II. 3.6.2019,when the Defendant published defamatory statements on YouTube;
III. 1.8.2019, when the Defendant published defamatory statements on YouTube;
IV. 7.8.2019, when the Defendant published defamatory statements on YouTube;

The cause of action already having accrued to the Plaintiff is a continuous one and each
day that any of the said Impugned Defamatory Statements is available online with third
parties or continues to be in knowledge of third parties is a recurrence of said cause(s) of
action(s). The aforesaid Youtube videos remain uploaded on Youtube and available for
commenting, further sharing, and needless to say watching.
 
27.       The present suit is within limitation inasmuch as all the causes of action are
subsisting and recurring causes of action.
 
Court Fees and Jurisdiction
29. The mental suffering and agony caused to the Plaintiff as well as the damage caused
to the Plaintiff is immense.The Plaintiff is valuing the suit for the purposes of court
fees and jurisdiction as follows:

a. For relief of permanent injunction, at Rs.5,00,000/- (Rupees Five Lacs Only) and
Court Fees of Rs. _____________ is fixed thereupon:
 
b. For relief on mandatory injunction, at Rs.130 and court fee of Rs. 13/- (Rupees
Thirteen Only) is fixed thereupon.
 
Based on the valuation of the suit and the Court Fees paid in support of such
valuation, this Hon’ble Court has the requisite pecuniary jurisdiction to entertain and
try the present suit.CONFIRM WITH THE CLIENT IF HE WANTS TO SUE FOR
DAMAGES ALSO
 
30. This Hon’ble Court has the jurisdiction to try the present suit as the online entities
through which Defendants have made the various defamatory allegations are
available/accessible in New Delhi within the jurisdiction of this Hon’ble Court. The
said Impugned Defamatory Statements of the Defendant are available on YouTube
which can be viewed from anywhere in Delhi. The Plaintiff was at his Advocate’s
chamber which is situated at Chamber No. 290, Patiala House Court, New Delhi –
110001 when he discovered a few of the defamatory statements published by the
Defendant as elucidated hereinabove. It was also suggested by the Plaintiff’s
advocate. Multiple instances of the cause of action arising as enumerated above have
arisen within the jurisdiction of this Hon’ble Court. Accordingly, this Hon'ble Court
has the requisite territorial jurisdiction to entertain and try present suit.
 
31. The present matter is not covered under the Commercial Courts, Commercial
Division and Commercial Appellate Division of High Courts Act, 2015.
 
32. The Plaintiff has initiated proceedings against a news website being Ajay Pal
Sharma v. Dynamite News Network Pvt. Ltd., C.S. (O.S.) No. 178/2019 wherein vide
order dated 4.4.2019, the Hon’ble High Court of Delhi has granted an injunction to
the Plaintiff against Dynamite News Network Pvt. Ltd.publishing further defamatory
articles against the Plaintiff and taking down the existing ones. It may be noted that
said defamatory articles also referenced to statements made by the Defendant herein.

33. The documents filed with plaint are true copies of their respective originals. 
 
PRAYERS
It is therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased
to: -
 
(a)   Pass a decree for Permanent Injunction restraining the Defendant from
publishing/sharing, directly or indirectly, the said Impugned Defamatory Statements, in
the present form or in any other form, online or offline, in whole or in part; 
 
(b)   Pass a decree for Permanent Injunction restraining the Defendants and her
associates, agents, representatives, or any other person acting on her behalf from making,
publishing, spreading, republishing, sharing, or circulating, whether directly or indirectly,
either the said Impugned Defamatory Statements or any other irresponsible and
defamatory statements against the Plaintiff;
 
(c)    Pass a decree for Mandatory Injunction directing the Defendant to takedown the
said Impugned Defamatory Statements already published by her online on various dates
as mentioned hereinabove against the Plaintiff;
 
(e)    Pass an order awarding exemplary costs and costs of the Suit in favor of the Plaintiff
and against the;

(f)     Pass such other, further orders, directions and decree as this Hon’ble Court may
deem fit in the facts and circumstances of this case and in the interest of justice.

PLAINTIFF

THR.

NAMAN JOSHI | TARUN

SINGLA
ADVOCATE FOR THE PLAINTIFF
G-46, L.G.F,
Jangpura Extension
New Delhi – 110014
+91 9810057280
naman.joshi@CJSlegal.in

Date:  .4.2020
Place: New Delhi

VERIFICATION
I, Mr. Ajay Pal Sharma, aged about __ years, S/o Sh._____________, R/o
_________________________________,being the Plaintiff herein, do hereby verify at
New Delhi on this ____ day of _____________, 2020, that the contents of the above
plaint are true to my personal knowledge and information received and believed by me to
be true and based on legal information received and believed by me to be true. The last
paragraph contains the Prayers before this Hon’ble Court.  
DEPONENT
 IN THE HON’BLE COURT OF LD. ADDITIONAL DISTRICT JUDGE,
PATIALA HOUSE COURT, NEW DELHI
ORIGINAL JURISDICTION
 CS No.                of 2020

IN THE MATTER OF:

Ajay Pal Sharma and Anr                                                                    …Plaintiff
Versus
Dipty Sharma                       …Defendant 
 
AFFIDAVIT
I, Mr. Ajay Pal Sharm, aged about __ years, S/o _________________,
R/o________________________________, presently at New Delhi, do hereby solemnly
affirm and declare as under:

1. That, I am the Plaintiff in the present plaint/suit. I state that I am familiar with the facts
and circumstances of the case and competent to swear the present affidavit.
 
2. That the accompanying plaint/suit has been drafted under my instructions and the
contents of the same are true and correct to the best of my knowledge and as verifiable
from the records available with us. Nothing material has been concealed therefrom.
 
3. The documents filed along-with the plaint/suit are originals or true copies of their
respective originals.

DEPONENT

VERIFICATION
Verified that the contents of the above-mentioned affidavit are true and correct to the best
of my knowledge and belief.  Nothing false has been stated therein and no material fact
has been concealed there from.
 
Verified at New Delhi, on this     day of , 2020.
 
DEPONENT