THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC.NO. 712/2024 FOR THE OFFENCES PUNISHABLE UNDER SECTION 153 B, 505(1)(B) OF IPC, BEFORE THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM AT MANDYA IN SO FAR AS PETITIONER CONCERNED ONLY PRODUCED AT ANNX-C HOLDING THAT IT IS AN ABUSE OF PROCESS OF LAW.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM:

HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

Heard Sri Vinod Kumar, learned counsel appearing for the petitioner, Smt. Waheeda M.M., learned High Court Government Pleader appearing for respondent No.1

2. Respondent No.2 though served remained absent and unrepresented.

3. Petition under Article 226 and 227 of the Constitution of India r/w Section 482 Cr.PC is filed with the following prayers:

"a) Issue a writ of certiorari or any other writ quashing the entire proceedings in C.C.No.712/2024, for the offences punishable under Section 153B, 505(1)(B) of IPC, before the Principal Senior Civil Judge and CJM at Mandaya inso far petitioner is concerned only at Annexure-C, holding that it is an abuse of process of law.

b) Issue a writ of certiorari or any other writ quashing the order taking cognizance dated 24/06/2024 by the Principal Senior Civil Judge and CJM at Mandya, in C.C.No.712/2024, for the offences punishable under section 153 B, 505(1)(B) of IPC, in so far petitioner is concerned only at Annexure-C holding that it is an abuse of process of law.

c) pass appropriate orders under the facts and circumstances of the case, in the interest of justice."

4. Facts of the case are as under:

West Police Station, Mandya, registered a case based on the complaint lodged by the second respondent namely Kannambadi Kumar in Crime No.30/2024 under Section153B, 505(1)(B) of IPC.

5. Gist of the complaint averments reveal that on18.12.2022, there was a protest by set of persons claimed to be the Bharathiya Janatha Party followers-A Political Party. In that protest, the people who had assembled were raising the slogans 'Pakistan Zindabad' by seeing such video, complainant said to have been disturbed mentally and therefore sought for action.

6. Sri. Vinod Kumar, learned counsel for the petitioner contended that raising of slogans 'Pakistan Zindabad' is totally unintentional nor was intended to create any unrest in the society at large and also not with an intention to affect any particular community inasmuch as the procession and demonstration was by the BJP-a political party and in such procession/demonstration, the words have been spoken, the slogan has been there out of slip of tongue in the force of protest and instead of raising the slogan 'Pakistan Murdhabad' the persons have raised the slogan 'Pakistan Zindabad' and therefore, continuation of the criminal case needs to be quashed.

7. Per contra, Smt. Waheeda M.M., learned High Court Government Pleader would submit that the video clip that has been furnished by the complainant to the Jurisdictional Police clearly mentions about the words 'Pakistan Zindabad' and therefore, investigation has to conti