The plea, by Deputy Commissioner of Police (DCP) Abhishek Trimukhe, was dismissed by the court on April 1, but a detailed order was made available on Thursday.

Trimukhe's complaint had also named ARG Outlier Media Pvt Ltd, which owns Republic Media Network, and Goswami's wife, who is a director in the company. The complainant had alleged that there were some tweets by Goswami and others which misrepresented him. Additional sessions judge Uday Padwad found that Trimukhe's complaint was not in conformity with the mandatory requirement of section 199(2)of the CrPC for the court to take cognisance. 

 As per provisions of 199(2) of the CrPC, any offence falling under Chapter XXI of the Indian Penal Code (45 of 1860) is alleged to have been committed against a public servant in connection with the discharge of his public functions, a court of session may take cognisance of such offence upon a written complaint by a public prosecutor. 

Upon perusal of the complaint submissions made before the court, the judge noted the complaint in this case was filed by the DCP himself and not through a public prosecutor. The judge, however, said the complainant can take his grievances to a magistrate court.

"It is not that the aggrieved public servant against whom the said offence is alleged to have been committed has no forum to take his grievances to. He has the remedy to make a complaint before the competent magistrate," the court said. 

The DCP had filed the complaint in February under Indian Penal Code sections 499, 500 (defamation) and 501 (printing or engraving matter known to be defamatory). Goswami made "grossly false", "malicious" and "defamatory" statements during the coverage of actor Rajput's death in June last year, the police officer had claimed. 

The 34-year-old Bollywood actor was found dead in his apartment in suburban Bandra.