The FIR impugned, filed to silence criticism on social media, was quashed as it violated the constitutional freedom of expression and constituted abuse of judicial process.

ORAL ORDER

In this petition filed under Article 226 of the Constitution of India r/w Section 482 of the Code of Criminal Procedure, petitioners who are arraigned as accused Nos.1, 8 and 21 have sought quashing of FIR in Cr.No.149/2019 and also for a direction to the respondent Nos.1 and 2 not to register any criminal cases against them for any posts or comments being made by them in Social Media Platforms, such as Facebook, Instagram, Twitter, WhatsApp, etc, against the misdeeds and criminal act that are going on in the 5^th respondent Math or any of its branches, etc.

2. In support of the petition, the petitioners have contended that the registering of Cr.No.149/2019 dated 25.09.2019 by respondent No.4 based on the complaint filed by respondent No.6 is illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India . The said complaint is filed to harass and intimidate the petitioners and others against their silence, protest and campaign against the Swamiji of the serious allegations made against him. It is violative of Article 19 (1)(a) of the Constitution of India and their liberty is also threaten as they are being summoned to the police station. Petitioner Nos.2 and 3 have filed PIL before this Hon'ble Court against the Math and Swamiji and certain directions were issued to the Government and Chief Secretary. The said matter is pending before the Court. For this reason, the petitioners are being targeted.

2.1. Filing of complaint and registering of FIR is nothing but abuse of the judicial process. In the complaint, it is alleged that petitioners and others have published defamatory articles on social media. In fact, charge sheet is filed against the Swamiji, on the basis of allegations and therefore, it cannot be termed as defamatory. The petitioners and others have no grievance against the Math and they are protesting against the Peethadhipathi, who is enjoying and taking shelter against the revered position occupied by him. Since charge sheet is filed against him, the petitioner and others are protesting against Swamiji, continuing in the position. There is undue delay in filing the complaint which is an afterthought.

2.2 The intention of complainant is only to harass, threaten and intimidate the petitioners and an attempt to muzzle their voices and prevent them from exercising their fundamental right, a case is registered on the influence by respondent Nos.5 and 6. It is gross abuse of judicial process. As held by the Hon'ble Supreme Court in Manik Taneja and another Vs. State of Karnataka and Anr, mere criticism in the Facebook postings would not amount to criminal offence. Hence, criminal proceedings initiated against petitioners are liable to be quashed and hence the petition.

3. In support of the petition, learned counsel representing petitioners has relied upon the following decisions:

(i) Manik Taneja and another Vs. State of Karnataka and Anr.(Manik Taneja)

(ii) Jaikanth Vs. State of Karnataka (Jaikanth)

4. On the other hand, learned counsel representing respondent No.2/complainant and learned High Court Government Pleader representing the State

1 (2015) 7 SCC 423 Crl.P.No.4306/2019 Dt: 11.10.2019 would submit that petitioners and others have formed group and are in the habit of uploading defamatory information about the Math and the Pontiff. It was registered as a non-cognizable offence and with the permission of the trial Court, case is registered in Cr.No.149/2019 for the offences punishable under Sections 504, 505, 506 and 507 of IPC and investigation is taken up. Since there is stay, the investigation c