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M. NAGAPRASANNA
Prashanth Sambargi – Appellant
Versus
State of Karnataka – Respondent
ORDER
1. Petitioner is before this Court calling in question proceedings in Crime No.286 of 2020 pending before the 1st Additional Chief Metropolitan Magistrate, Bangalore registered for offences punishable under Sections 499 and 500 of the IPC read with Section 67 of the Information Technology Act, 2008 ('the Act' for short).
2. Heard Sri Adit Chandangoudar, learned counsel appearing for the petitioner, Smt. K.P.Yashodha, learned High Court Government appearing for respondent No.l and Smt. M.S. Roopa, learned counsel appearing for respondent No.2.
3. Brief facts leading to the filing of the present petition, as borne out from the pleadings, are as follows:-
The 2nd respondent is the complainant. The petitioner and the 2nd respondent have had certain transactions. It is the allegation in the complaint that the petitioner is a habitual money lender and the complainant comes in contact with him and also borrows money by way of hand loan. On such borrowings, the complainant had issued certain cheques in furtherance thereto, as security for the said loan. The complainant also appears to have deposited original property papers with the petitioner. The contention of the complainant in the co
In cases of criminal defamation, the magistrate cannot direct the police to register a crime and investigate the offense under Section 500 of the IPC, as established by the judgments of the Apex Cour....
The Court ruled that a Magistrate cannot direct police to register and investigate a complaint for defamation under Section 500 IPC without following due process as outlined in Section 199 of the CrP....
Point of law : Defamation - In case of criminal defamation neither any FIR can be filed nor can any direction be issued under Section 156(3) of Cr.P.C.
The court emphasized that a Magistrate must apply judicial discretion and ascertain the existence of a cognizable offence before directing police investigation under Section 156(3) of the Cr.P.C.
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