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BOMBAY HIGH COURT
Prasanna B. Varale and S.M. Modak, JJ.
Amol Kashinath Vyavhare – Petitioner
versus
Purnima Chaugule Shrirangi and Ors. – Respondents
Writ Petition No.2954 of 2018
Decided on 6.5.2022
Indian Penal Code, 1860 – Sections 505(2), 500, 501 and 502 – Constitution of India – Article 226 – Spreading rumour or alarming news – There must be either publication circulation of any statement or report – It must contain rumour or alarming news – It must be with intention to create or promote feeling of enmity, hatred or ill will – It must be on account of religion, race, place of birth, casts or community – First informant has taken circuitous route and filed a police complaint – It is not warranted – Police have wrongly invoked provisions of Section 505(2) of Indian Penal Code to the facts in this case – It is not warranted – It does not satisfy all ingredients of Section 505(2) of Indian Penal Code – Application of that Section has to be struck down – Prosecution is initiated validly by filing a proper complaint – This has not happened in this case – Entire FIR consisting of offences under Sections 500, 501, 502, 505(2) of Indian Penal Code quashed. (Paras 7, 22, 26 and 27)
Result: Writ Petition allowed.
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 Branch.”
Similarly, the news article is published in the Edition dated 22 May 2018. It says that:—
“the police staff attached to Crime Branch Office is not following the instructions given by the Senior Officers of Crime Branch, but they are having a loyalty to Deputy Commissioner of Police.”
3. On his background, the Deputy Commissioner of Police-Crime Smt. Pournima Chaugule Shringi lodged complaint with Sadar Bazar Police Station Solapur City on 1 June 2018. It was lodged against present Petitioner, who is shown as the Reporter of those two news articles. Police have registered an offense under Sections 505(2), 500, 501 and 502 of the Indian Penal Code.
Submissions
4. On this background, the Petitioner has approached this Court in a writ jurisdiction. Already, this Court has granted a stay from filing of charge-sheet. We have heard the learned Advocate for the Petitioner and learned APP Shri Yagnik. Rule. The petitioner made following two submissions:—
(i) If the averments in the FIR and two news articles are perused, it does not disclose an offense under section 505(2) of Indian Penal Code. According to him, the publication must lead to spreading a rumor or an alarming news and it must pertains to a religion, race, language or community.
(ii) There is a prescribed procedure if Criminal Law has to be set in motion for an offense under Section 500 of Indian Penal Code pertaining to defamation of public servant. The same has not been followed.
5. In support of his contention, he relied upon a judgment in case of Bilal Ahmad Kaloo Vs. State of Andhra Pradesh, (1997) 7 Supreme Court Cases 431 and a judgment in case of KK Mishra Vs. State of Madhya Pradesh, (2018) 6 Supreme Court Cases 676.
6. As against this learned APP Shri Yagnik vehemently opposed the grant of reliefs. According to him, a publication in order to fall under the provisions of section 505(2) of Indian Penal Code, it need not pertains to two religions and even if it pertains to the employees of one Establishment, still, the provisions are attracted. He also submitted that even if the Petitioner has any grievance about the provisions of Section 500 of Indian Penal Code, he can agitate his case and can make out a case under any of the exceptions to Section 499 of Indian Penal Code. To buttress his submission, he relied upon a judgment in case of Amish Devgan Vs. Union of India, (2021) 1 Supreme Court Cases 1.
7. Before going into the facts and ratios laid down in above judgments, it will be material to consider the provisions and ingredients of Section 505(2) of the Indian Penal Code.
8. The following are the main ingredients:—
(A) There must be either publication circulation of any statement or report.
(B) It must contain rumor or alarming news.
(C) It must be with the
Spreading rumour or alarming news – It must be with intention to create or promote feeling of enmity, hatred or ill will.
The main legal point established in the judgment is that the provisions of Section 505(2) of the Indian Penal Code must be interpreted in line with the specified subjects, and the procedural requirem....
Defamatory news item - publication of the news item on the basis of statement made by the cousin and brother of Akhter Hussain, does not amount to offence under section 499 RPC as the petitioner has ....
The court emphasized the importance of freedom of the press and the need to exercise inherent powers to prevent abuse of process of law.
The court established that for offences under Section 188 IPC, a written complaint from the concerned public servant is mandatory, and without it, the FIRs cannot be maintained. Furthermore, the cour....
FIR quashed - Through Facebook ID, posted objectionable material - Religious sentiments - Petitioner has shared post of other person, even, contents of FIR does not, prima facie, establish alleged of....
Point of Law : The word 'Promote' does not imply mere describing and narrating a fact, or giving opinion, criticising the point of view or actions of another person.
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