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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R.KRISHNA KUMAR
Naveen Kumar G., S/o. Aitahappa Ranya – Appellant
Versus
State Of Karnataka, Through Kadaba PS, Represented By Spp – Respondent
| Table of Content |
|---|
| 1. quashing of complaint and fir. (Para 1 , 2) |
| 2. arguments presented by both parties. (Para 3 , 4) |
| 3. court's examination of the complaint. (Para 5 , 6) |
| 4. analysis of the quoted poem. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 5. determining mens rea for the offences. (Para 15 , 16 , 17) |
| 6. legal standards and precedents considered. (Para 18) |
ORDER :
S.R.KRISHNA KUMAR, J.
In this petition, petitioner seeks quashing of the impugned complaint and FIR in Crime No.42/2025 registered by the respondent – Police against the petitioner for an alleged offence punishable under Section 353 (2) of BNS , 2023 ( Section 505 (2) of IPC) and for other reliefs.
2. Heard learned Senior counsel for the petitioner and learned Addl.SPP for the respondent – State and perused the material on record.
3. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned Senior counsel for the petitioner submits that the impugned complaint and FIR do not disclose the commission of the alleged offence by the petitioner and the vague, bald, general and omnibus allegations made in the complaint do not contain the necessary ingredients to attract the
The court emphasized the need to protect freedom of speech under Article 19(1)(a) and determined the FIR lacked basis for criminal charges under Sections 353(2) and 505(2).
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