IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 17^TH DAY OF SEPTEMBER 2021

BEFORE

THE HON9BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION No.101420/2020

BETWEEN:

1 . GANGADHAR NARAYAN NAYAK

@ GANGADHAR HIREGUTTI,

AGED 65 YEARS, OCC. EDITOR,

KARAVALI MUNJAVU NEWSPAPER,

R/O KADAVAR ROAD,

GREEN STREET, KARWAR,

UTTARA KANNADA DISTRICT.581301.

2 . NAGARAJ GANAPATI NAIK

@ NAGARAJ MALKOD

AGED 41 YEARS,

OCC. PRESS REPORTER OF

KARAVALI MUNJAVU NEWSPAPER,

R/O KOLSIRSI, SODDAPUR TALUK,

UTTAR KANNADA DISTRICT.581355

... PETITIONERs

(BY SRI. S P KANDAGAL, ADV.)

AND:

1.

THE STATE OF KARNATAKA

BY PSI, SIDDAPUR P.S. SIDDAPUR,

UTTARA KANNADA DISTRICT,

REPRESENTED BY

STATE PUBLIC PROSECUTOR,

HIGH COURT, DHARWAD BENCH.

2. SMT. MANJULA ISHWAR NAIK,

2

AGED 40 YRS, OC: HOUSEWIFE,

R/O NARAMUNDIGE, BIDRAKAN

TQ. SIDDAPUR 581355

... RESPONDENTS

(BY SRI. PRAVEEN K. UPPAR, HCGP FOR R1.

R2 SERVED.)

THIS CRIMINAL PETITION IS FILED U/S 482 OF

CR.P.C., SEEKING TO PASS AN ORDER QUASHING THE

ORDER DATED 19/04/2018, TAKING COGNIZANCE OF THE

OFFENCE

U/S

23

POCSO

ACT

IN

SPECIAL

CASE

NO.25/2018 PENDING ON THE FILE OF ADDL. DISTRICT

AND SESSIONS JUDGE, FTSC-1, U.K. KARWAR (SPECIAL

COURT FOR TRIAL OF CASES FILED UNDER POCSO ACT)

AND

QUASH

THE

ENTIRE

CRIMINAL

PROCEEDINGS

INITIATED AGAINST THE PETITIONERS.

THIS

PETITION

HAVING

BEEN

HEARD

AND

RESERVED FOR ORDERS ON 24.09.2021 AND COMING ON

FOR PRONOUNCEMENT OF ORDERS, THIS DAY, THE

COURT MADE THE FOLLOWING:

ORDER

The petitioners/accused Nos.1 and 2 invoked

jurisdiction of this Court under Section 482 of the

Code of Criminal Procedure, 1973 (hereinafter

referred to as the 8Cr.P.C.9, for short) and sought

quashing the order dated 19.04.2018 taking

cognizance of the offence under Section 23 of the

Protection of Children from Sexual Offences Act,

2012, (hereinafter referred to as the 8POCSO Act9,

3

for short) in Spl.Case No.25/2018 pending on the

file of the learned Additional

District

and

Sessions

Judge,

FTSC-I,

U.K.,

Karwar

and

consequently

sought

quashing

of

the

entire

proceedings initiated against the petitioners.

2.

Heard

the

learned

counsel

for

the

petitioners

and

the

learned

High

Court

Government Pleader for the respondent No.1-

State. Respondent No.2-complainant, in spite of

service

of

notice,

remained

absent

and

unrepresented.

3.

The brief facts of the case are that the

Siddapur police filed a charge-sheet in Siddapur

PS

Crime

No.203/2017

stating

that

the

petitioners being the Editor and Reporter of the

Karavali Munjau Newspaper, published a news

reporting sexual harassment of a girl aged 16

4

years by one Sunil Mahadev Naik by disclosing

the identity of the victim and committed an

offence punishable under Section 23 of the

POCSO Act. The Special Court took cognizance of

the offence under Section 23 of POCSO Act and

the

petitioners

filed

an

application

seeking

discharge contending that the offence alleged is

punishable

with

maximum

punishment

of

imprisonment for one year and therefore, the

offence is non-cognizable offence as per the

provisions of Cr.P.C. The offence being non-

cognizable, the police could not have investigated

the

case

without

following

the

procedure

prescribed under section 155 of Cr.P.C. It was

contended by the petitioners that initiation of

criminal proceedings against them is without

authority of law and therefore they ought to be

discharged. The Special Court relying on the

5

provision of Section 19 of the POCSO Act rejected

the prayer of the petitioners by order dated

28.08.2020.

4.

Learned

counsel

for

the

petitioners

contended that there is no provision under the

POCSO Act declaring the offence under the said

Act as cognizable and there is no provision that

confers powers on the Police to arrest the

accused

or

investigate

the

offence

without

warrant or orders from