Mens rea is essential for establishing culpability under defamation and public mischief in IPC; allegations lacking necessary intent do not justify prosecution.

ORDER :

K. LAKSHMAN, J.

Heard Mr. T.V. Ramana Rao, learned counsel for the petitioner, Sri Palle Nageshwar Rao, learned Assistant Public Prosecutor and Sri Y.Sri Raghava Rao, learned counsel appearing for 2^nd respondent.

2. The present Criminal Petition is filed under Section - 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘ BNSS ’) to quash the proceedings in C.C.No.13464 of 2024 pending on the file of III Additional Chief Judicial Magistrate at Nampally, Hyderabad. The offences alleged against the petitioner herein/sole accused are punishable under Sections 504 and 505(2) of INDIAN PENAL CODE , 1860 ( for short, ‘IPC’) .

3. On the complaint dated 29.03.2024 lodged by the 2^nd respondent, the Police, Banjara Hills, Hyderabad, registered a case in Cr.No.349 of 2024 against the petitioner for the aforesaid offences.

4. As per the said complaint, dated 29.03.2024 of 2^nd respondent, a Member of Indian National Congress Party, the allegations levelled against the petitioner herein are that on 27.03.2024 at BRS Party Office, Banjara Hills, Hyderabad, BRS Working President and Sri Kalvakuntla Taraka Rama Rao, the then MLA, made false statements against Sri A. Revanth Reddy, the Chief Minister of Telangana State that the Chief Minister has collected Rs.2500 Crores from the Contractors and Builders, sent the said amount to Delhi and thereby damaged the reputation of the Chief Minister, Telangana State, and gave wrong signals to the people of Telangana. The petitioner also stated that the Chief Minister, after the completions of Lok Sabha elections, would join the Bharatiya Janatha Party (BJP). Thus, the petitioner made false and baseless allegations against the Chief Minister of Telangana without any evidence. The statements are in such a way as to damage the reputation of the Chief Minister and giving wrong signal to the people of Telangana. The petitioner spoke in such a way that lowers the level of the Chief Minister.

5. Basing on the said complaint, Police, Banjara Hills have registered the aforesaid crime against the petitioner herein. During the course of investigation, the Investigating Officer, (L.W.4) examined the complainant as L.W.1, Sri Thavuti Reddy Ravinder Reddy, Youth Congress District Leader, the circumstantial witness, as L.W.2 and recorded their statements under Section 161 Cr.P.C. After completion of investigation, he has laid charge sheet before the III Additional Chief Judicial Magistrate at Nampally, Hyderabad, and the same is taken on file vide C.C.No.13464 of 2024.

6. Learned counsel for the petitioner would contend that the contents of the complaint, dated 29.03.2024 of 2^nd respondent and the statements of L.Ws.1 and 2 lack the ingredients of the aforesaid offences alleged against the petitioner herein. The petitioner is former Minister and present MLA, from Sircilla Assembly Constituency. Therefore, the entire allegations made in the complaint are absolutely false and fabricated for the purpose of foisting a false case against the petitioner. The petitioner is an innocent. There is no intent or mens rea on the part of the petitioner so as to attract the provisions of the offences alleged against him. Even the allegation that the petitioner made the Congress Party as accused of siphoning Rs.2500 Crores from the Contractor’s and Builders, by itself does not amount to an act of intentional insult, intending or knowing it to be likely that such words would provoke the person insulted and that such provocation would cause him to break the public peace or to commit any offence under Section 504 of IPC. The complaint is silent on the aspect of w