Mumbai | The Bombay High Court on Tuesday refused to quash the summons issued to Congress MP Rahul Gandhi in 2019 in a defamation complaint over his remarks against Prime Minister Narendra Modi, whom he had called a "commander-in-thief".

A single bench of Justice N R Borkar dismissed Gandhi's petition against the magistrate court's order.

The HC, however, continued its 2021 order directing the magistrate to defer hearing on the complaint for six weeks so that Gandhi can approach the Supreme Court in appeal.

Justice Borkar said the court did not find any "perversity and illegality" in the magistrate's order and hence no reason to interfere.

"This court finds no infirmity in the order. Hence, the petition is dismissed," the HC said.

Gandhi, Leader of Opposition in the Lok Sabha, had challenged a Girgaum magistrate's order of August 28, 2019 for a process against him on a complaint filed by one M H Shrishrimal, who claimed to be a member of the ruling BJP.

The defamation complaint against the Congress leader had been filed for Gandhi's "commander-in-thief" remark against PM Modi in 2018 over the Rafale fighter jet deal.

The HC in November 2021 directed the magistrate to defer the hearing on the defamation complaint, which meant the Congress leader would not be required to appear before the magistrate.

The complaint had alleged that Gandhi defamed PM Modi in a public speech in September 2018 in Rajasthan.

Gandhi's counsel Sudeep Pasbola and advocate Kushal Mor argued that the complaint was frivolous and the complainant had no locus standi to file it.

The complainant was not an aggrieved party and hence cannot file such a complaint, they had submitted.

Shrishrimal in his complaint alleged that apart from the remarks during the rally against PM Modi, Gandhi had also posted a video on his personal X (formerly Twitter) account and referred to the prime minister as "commander-in-thief".

According to the complainant, these statements amounted to direct allegations of theft against all members of BJP and Indian citizens connected to PM Modi.

Shrishrimal had opposed Gandhi's plea in the HC.