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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.LAKSHMAN
K. Chandrashekar Rao – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. quashing proceedings based on lack of evidence (Para 2 , 3 , 4 , 5) |
| 2. contentions regarding mens rea and trial necessity (Para 6 , 7) |
| 3. elements of offences under ipc sections 504 and 505 (Para 9 , 10 , 11 , 12) |
| 4. absence of essential ingredients in fir and charge sheet (Para 13 , 14) |
| 5. final order quashing the criminal proceedings (Para 15 , 16) |
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 2nd 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 2nd respondent, the Police, Banjara Hills, Hyderabad, registered a case in Cr.No.349 of 2024 against the petitioner for the aforesaid offence
Mens rea is essential for establishing culpability under defamation and public mischief in IPC; allegations lacking necessary intent do not justify prosecution.
The court emphasized the necessity of establishing mens rea and provocation in cases of alleged public insult and mischief under the Bharatiya Nagarik Suraksha Sanhita, 2023.
An FIR for defamation under IPC Section 500 is not maintainable unless filed by the aggrieved party, as clarified by pertinent Supreme Court rulings.
Statements made in interviews, though scandalous, do not constitute offences under Sections 504 and 505(2) of IPC without intent to provoke or create disharmony.
FIR impermissible for defamation without aggrieved person's complaint; political statement calling family 'born looters' lacks mens rea for promoting enmity, provocation for breach of peace, or incit....
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