Karnataka High Court Quashes Criminal Defamation Case Against News 1 Kannada's Anchor & Head Of News

The Karnataka High Court has quashed criminal defamation proceedings initiated against a News Anchor and Head of News-1 Kannada TV channel based on the complaint filed by a police sub-inspector.

Justice S R Krishna Kumar allowed the petition filed by Shilpa Kiran and Suresha G S and quashed the proceedings pending against them under sections 290(Punishment for public nuisance in cases not otherwise provided for), 505 (1) (Statements conducing to public mischief), 34(common intention), 499(Defamation), 500 (Punishment for defamation) of the Indian Penal Code, 1860.

It said, "In the instant case, the material on record disclose that the FIR is not registered on the basis of any complaint (private complaint) given by any aggrieved person and it is only on the basis of the police report, which is not contemplated or permissible under Section 199 of the Cr.P.C. and consequently, the impugned charge sheet in relation to offences under Sections 499 and 500 of the IPC deserves to be quashed". 

The petitioners had contended that offences alleged against the petitioners are under Sections 290 and 505(1) of the IPC, which are non-cognizable offences and consequently, in the absence of the necessary permission being obtained from the jurisdictional Magistrate, the impugned FIR and all further proceedings pursuant thereto, are illegal and without jurisdiction or authority of law.

Further, it was stated that the accused persons are working as News Anchor and Head of News-1 Kannada TV channel, on which, the said news is said to have been telecast and in the absence of the said TV channel/company being arraigned as a party to the FIR or the charge sheet, the impugned proceedings qua the petitioners deserves to be quashed.

Finally, it was submitted that offences under Sections 499 and 500 of the IPC have also been included in the charge sheet though they were absent in the FIR. In the absence of a complaint (private complaint) by the aggrieved person, as required under Section 199 of Cr.P.C., the impugned charge sheet in relation to the aforesaid offences, also deserves to be quashed.

Findings:

The bench on going through the averments said “In the absence of necessary permission under Section 155(2) of the Cr.P.C., the impugned FIR and all further proceedings pursuant thereto in relation to the offences under Sections 290 and 505(1) of the IPC, are illegal and without jurisdiction or authority of law and contrary to the aforesaid provisions and the same deserves to be quashed.”

The high court observed that under Section 199(1) (Prosecution for defamation) of the Cr.PC, it is "incumbent upon a person aggrieved" to file a complaint (private complaint) before the learned Magistrate to take cognizance of offences punishable under Sections 499 and 500 of the Cr.P.C.

It thereafter said, "It is an undisputed fact that as borne out from the material on record that the petitioners - accused Nos.2 and 3 are working as News Anchor and Head of News-1 Kannada TV Channel and in the absence of the said entity/company being impleaded as a party or arraigned as an accused either in the FIR or charge sheet, I am of the considered opinion that in the light of the judgment of the Co-ordinate Bench of this Court in the case of RAJEEV CHANDRASEKHAR v. K. KOTESWAR RAO  dated 17.02.2022 as well as the judgment of the Apex Court in the case of SUNIL BHARTI MITTAL v. CENTRAL BUREAU OF INVESTIGATION, the impugned proceedings deserves to be quashed on this ground also".

Following this it allowed the petition and quashed the proceedings.

Appearance: Advocate Gaurav N, for Petitioner.

HCGP Vinay Mahadevaiah for Respondents

Citation No: 2025 LiveLaw (Kar) 27

Case Title: Shilpa Kiran & ANR And State of Karnataka & ANR

Case No: CRIMINAL PETITION NO. 10818 OF 2023

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