1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10^TH DAY OF FEBRUARY 2021

BEFORE

THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION NO.8733 OF 2017

BETWEEN:

SRI. A. ALAM PASHA

S/O LATE P AMEER SAB,

AGED ABOUT 54 YEARS

R/AT NO.674, 1^ST STAGE,

1^ST CROSS, 9^TH ‘A’ MAIN,

INDIRANAGAR,

BANGALORE-560038

...PETITIONER

(BY SRI: A.P. MOHANTHY, ADVOCATE)

AND:

1.

X ADDL. CHIEF METROPOLITAN

MAGISTRATE,

REPRESENTED BY THE SHIRESTEDAR,

MAYOHALL, M.G.ROAD,

BANGALORE-560001

(DELETED VIDE COURT ORDER DATED 8.3.2018)

2.

SRI. ANANT KUMAR HEGDE

S/O SRI. DATTATREYA HEGDE,

AGED ABOUT 49 YEARS,

MEMBER OF PARLIAMENT AND

UNION MINISTER OF STATE FOR

SKILL DEVELOPMENT,

GOVERNMENT OF INDIA,

R

2

PERMANENT ADDRESS:

NO.17, K.H.B. COLONY,

SIRSI,

UTTARA KANNADA DISTRICT

(NORTH CANARA)

PIN-581401.

3.

SRI.C.T. RAVI

MEMBER OF LEGISLATIVE ASSEMBLY,

S/O SRI. C.F.THIMMEGOWDA,

AGED ABOUT 48 YEARS,

DEVADATTA NILAYA,

BASAVANAHALLI,

CHIKKAMAGALURU-577101.

...RESPONDENTS

(BY SRI: SANTHOSH S NAGARALE, ADVOCATE FOR R2;

R-3 SERVED-UNREPRESENTED,

R-1 IS DELETED VIDE COURT ORDER DATED 8.3.2018)

---

THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C BY

PRAYING TO

1) QUASH THE ORDER DATED 04.11.2017 PASSED BY THE X

ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE,

IN THE COMPLAINT AT ANNEXURE-'A' FILED BY THE PETITIONER

AGAINST THE RESPONDENT NOS.2 AND 3.

2)

DIRECT

THE

X

ADDITIONAL

CHIEF

METROPOLITAN

MAGISTRATE, BANGALORE, TO SUBMIT THE ENTIRE RECORDS

ALONG

WITH

THE

ORDER

DATED

04.11.2017

IN

THE

COMPLAINT AT ANNEXURE-'A' FILED BY THE PETITIONER

AGAINST THE RESPONDENT NOS.2 AND 3.

THIS CRIMINAL PETITION HAVING BEEN HEARD AND

RESERVED FOR ORDERS ON 06.02.2021 AND COMING ON FOR

PRONOUNCEMENT OF ORDER, THIS DAY, THE COURT MADE THE

FOLLOWING:

3

O R D E R

By this petition, the petitioner has sought to quash the

order

dated

04.11.2017,

passed

by

the

X

Addl.

Chief

Metropolitan Magistrate, Bangalore, dismissing the complaint

filed by the petitioner under section 2(d) read with section

156(3) of Cr.P.C.

2.

The petitioner presented a complaint before the

X Addl. Chief Metropolitan Magistrate at Bangalore under section

2(d) read with section 156(3) of Cr.P.C., seeking to refer the

same to the jurisdictional Indiranagar Police Station, Bangalore,

for investigation under section 156(3) of Cr.P.C. In the

complaint, he alleged that, on October 22, 2017, “Sunday

Times”, an English Newspaper, carried a news item on the 1^st

and 5^th page, pertaining to the boycott of Tipu Jayanthi

Celebrations, slated to be held on November 10, 2017 at

Bangalore, by the State BJP leaders. The said news item

contained details about Union Minister and Karwar MP Sri.Anant

Kumar Hegde (accused No.1) writing to the Government Chief

Secretary, asking him to drop his name from the official invitees

4

to the function, saying he was boycotting it. It was reported as

under:

“On Friday, Hegde had tweeted:

‘Conveyed # Karnataka Govt. NOT to invite me

to shameful event of glorifying a person known

as brutal killer, wretched fanatic & mass

rapist.’”

On Page 5 of the newspaper, it was reported that:

“Hegde said ‘If the Government prints my name

on the invitation card, I will attend the function

and raise slogans from the dais against Tipu. If

Siddaramaiah has the guts, let him stop me.’”

Further the same page of the newspaper contained a caption

“Congress insulting Hindus by making Tipu

Jayanthi: Ravi”

The news item was to the following effect:-

“BJP spokesperson and MLA C.T.Ravi tweeted:

‘Communal

Congress

led

by

arrogant

@

Siddaramaiah is repeatedly insulting Hindus by

celebrating Tyrant Tipu Jayanthi despite severe

opposition

….

and

thrive

on

anti-Hindu

appeasement policies.’”

It was averred in the complaint that the above said pu