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THE HIGH COURT OF KARNATAKA
M. NAGAPRASANNA, J
SRI SIRAJUDDIN – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
| Table of Content |
|---|
| 1. context of the criminal petition and fir registration. (Para 1 , 2) |
| 2. arguments regarding the need for sanction under section 196 of cr.p.c. (Para 4 , 5) |
| 3. court's observations on the interpretation of section 295a ipc. (Para 7 , 8) |
| 4. requirement of prior sanction for prosecution versus investigation. (Para 9 , 10) |
| 5. final decision regarding the merits of the petition. (Para 11) |
CAV ORDER
The petitioner/accused No.1 is at the doors of this Court calling in question registration of a crime in Crime No.4 of 2021 registered for offences punishable under Section 295A of the IPC and Section 67 of the Information Technology Act, 2008 (hereinafter referred to as ‘the Act’ for short).
2. FACTUAL BACKGROUND:
The factual narrative, shorn of embellishment, is this. The 2nd respondent claims that on 23-01-2021 he received a whatsapp link from an unknown source under the name “Bajarangi Go Kallaru”. Upon accessing the link, he was added to a whatsapp group consisting of 6 administrators and nearly 250 participants. According to the complainant, obscene and deeply offensive images, depicting deities of the Hindu pantheon and certain political figures have been repeatedly circulate
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