IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.3094 OF 2015 BETWEEN:
SRI ABDUL RAZAK OCCUPATION: ATTENDER TALUK OFFICE, SULLIA, SULLIA KASABA VILLAGE, SULLIA TALUK-575082 DAKSHINA KANNADA.
(BY SRI: NAVEED AHMED, ADVOCATE) AND:
1. STATE BY SULLIA POLICE STATION DAKSHIN KANNADA REP BY SPECIAL PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA ... PETITIONER 2. NATIONAL STUDENT’S UNION OF INDIA (NSUI) J.V.SON BUILDING, HAMPANKATTA MANGALORE-575001 REP BY ITS SECRETARY SHOWHAD GOONADKA. ... RESPONDENTS (BY SRI: I.S.PRAMOD CHANDRA, SPP-II FOR R1 R2-SERVED AND UNREPRESENTED) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR IN CR. NO.108/2015 REGISTERED BY THE 1ST RESPONDENT POLICE AT ANNEXURE-A AND CONSEQUENTLY QUASH THE COMPLAINT DATED 2.4.2015 AT ANNEXURE-B.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner is a ‘D’ group employee. He is accused of circulating a ‘Whatsapp’ message pertaining to the political leaders with intent to cause fear and alarm to the public. The complaint is lodged by National Student’s Union of India, Mangalore, Dakshina Kannada. The offence alleged against the petitioner is punishable under Section 505(1) (b) of Indian Penal Code. Having regard to the nature of the allegations made against the petitioner, in my view, the matter requires to be investigated.
2. The contention of the petitioner that he is totally innocent of the alleged offence and he is neither the author of the said message nor did he intentionally circulate the said message cannot be considered at this stage. If for any reason, it transpires that the message has been forwarded without any criminal intention as required under Section 505(1) (b) IPC, the Investigating Officer is at liberty to submit appropriate report in that regard.
With these observations, the petition is dismissed.
Sd/- JUDGE *mn/-