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