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2022 Supreme(Bom) 1200

PRASANNA B.VARALE, S.M.MODAK
Amol Kashinath Vyavhare – Appellant
Versus
Purnima Chaugule Shrirangi – Respondent


Advocates appeared:
Mr. Anvil S. Kalekar, for the Appellant; Mr. J.P. Yagnik, for the Respondent.

JUDGMENT

S.M. Modak, J. - A short but an important issue which has arisen in this Petition, and it is when there is a publication of news suggesting disharmony amongst the police staff attached to 2 Offices under the Police Commissionerate, Solapur, whether it attracts the provisions of Section 505(2) of Indian Penal Code. Along with it, another issue involved is whether police case is maintainable if offense under Section 500 of Indian Penal Code is alleged to have been committed in respect of public servant.

2 There is a background for registration of FIR. There were two news articles published in the Edition dated 8 October 2017 for Dainik Pudhari and the Edition dated 22 May 2018 for the same newspaper.

    'In the news dated 8 October 2017, the news was published about the incident thattook place when there was a raid on Sawan Hotel, Solapur by the police attached to City Crime Branch. At that time, one police personnel on a uniform was heavily drunk in that hotel, and there was a videography and it was circulated on social media. On account of that, the news further says that there were a tussle in between the Office of Deputy Commissioner of Police and the police attached to Crime

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